Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.

How can the concept of abuse of European Union law - which can be defined as undesirable choice of law artificially made by a private citizen - generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

This handbook aims to provide a comprehensive overview of the mul¬ti-faceted art law within the legal framework applicable to South Africa. In four ‘phases‘, it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples.

The Treaty on European Union introduced specific objectives for the Development Co-operation Policy of the Community. The inclusion of Articles 130u--y marks an important stage in the emergence of the Community's Development Co-operation Policy. It affords the Community an opportunity to eliminate the inconsistencies of the past which have arisen through the gradual and patchwork development of that policy. It also affords the Community a much-needed opportunity to adopt an integrated and coherent policy which will promote the economic and social development of all developing countries and their gradual integration into the world economy and which should make a significant contribution to the campaign against poverty in developing countries. The general scope of the objectives set for the Development Co-operation Policy are examined in Chapter One, which provides an overview of the development of the general outline of that policy up to 1992. Chapters Two to Five concentrate on the region-specific application of the Community's Development Co-operation Policy by examining the relationships established through the Lome Conventions with the countries of Africa, the Caribbean and the Pacific, and through other agreements with the countries of the Mediterranean, Latin America and Asia. In each chapter, the focus of attention is the trading relationship established with the Community. Chapter Six is an examination of two problems of co-ordination; between the Development of Co-operation Policy and other Community policies; and between the Community Policy and those of the Member States. The conclusion emerging from the discussion is that one very important area of co-ordination was omitted from the provisions of Articles u--y, namely the co-ordination of the instruments of development co-operation themselves. The final chapter proposes a new Development Co-operation Policy for the Community to meet new objectives set by Articles 130u--y.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest positions in these fields. The courses are published in the language in which they were delivered (English and French).

Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of laW's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today.

The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy-makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Prove It With Figures displays some of the tools of the social and statistical sciences that have been applied in the courtroom and to the study of questions of legal importance. It explains how researchers can extract the most valuable and reliable data that can conveniently be made available, and how these efforts sometimes go awry. In the tradition of Zeisel's standard work "Say It with Figures," the authors clarify, in non-technical language, some of the basic problems common to all efforts to discern cause-and-effect relationships. Designed as a textbook for law students who seek an appreciation of the power and limits of empirical methods, this is also a useful reference for lawyers, policymakers, and members of the public who would like to improve their critical understanding of the statistics presented to them. The many case histories include analyses of the death penalty, jury selection, employment discrimination, mass torts, and DNA profiling.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this "transparency" phenomenon--the invisibility of whiteness to white people-- profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms.

Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity.

An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 3 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple, Lord Lester of Herne-Hill QC, David O'Keeffe, Stephanie Palmer, David Vaughan QC, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward

An interdisciplinary account of language and the law, this text looks at court interpreting and the nature of verbal interaction in the courtroom. Linguistic problems experienced due to personality and language factors, and the intimidating nature of legal discourse are also discussed.

Modelling European Mergers presents a comprehensive and fresh perspective on the economic analysis of mergers by leading academics and competition policymakers from Europe and the US. The book frankly discusses the pros and cons of using applied game theory models in merger control from historical and theoretical perspectives. Seven case studies on the actual use of advanced techniques and models in legal procedures provide a perspective from the national competition authorities in Belgium, Denmark, Italy, The Netherlands and Sweden on markets that range from basic goods such as bread and aperitifs to complex products such as electricity, literature and software. The case studies provide many insights into practical issues such as data collection, procedures and errors of predication, as well as in the relative merits of different econometric approaches. A recurring theme of the book is how economic insights can be translated into convincing legal decisions. The contributions cover a broad spectrum of markets, methods and countries and the contributors offer incisive reflection on the increasing use of economics in competition policy. This unique book is a thorough transatlantic discussion of academic and policy insights combined with applications based on actual decisions. It will appeal to legal and economic professionals who deal with and advise on mergers and acquisitions whether they be in a ministry, central bank or competition authority setting. Scholars and students interested in analysing markets, law and economics, industrial organization and applied econometrics will also find much to interest them in this work.

'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of AppealThe imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child, Bruce Kercher rewrites history. He reveals that since 1788 there has been a contest between the received legal wisdom of Mother England and her sometimes unruly offspring. The resulting law often suited local interests, but was not always more just.Kercher also shows that law has played a major role in Australian social history. From the convict settlements and the Eureka stockade in the early years to the Harvester Judgement, the White Australia Policy and most recently the Mabo case, central themes of Australian history have been framed by the legal system.An Unruly Child is a groundbreaking work which will influence our understanding of Australia's history and its legal system.

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself.Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today.The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues.Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.

This is the sixth and latest addition to the European Union Studies Association's prestigious series, State of the European Union. The contributors of this volume take the dynamic interaction between law, politics and society as a starting point to think critically about key recent events in the European Union, while bringing to the forefront why these developments matter for ordinary citizens.

An overview of the structural characteristics that Community law acquired pursuant to the European Treaty, the subsequent Single European Act and the Treaty on European Union, and the Treaty of Amsterdam. This text undertakes a systematic analysis of Community law with particular attention given to those elements, especially case law, which influenced its development and interpretation.

This fully updated and accessible textbook combines Year 1 and Year 2 content for the refreshed OCR specification with brand new cases, activities and features to provide comprehensive support for the A level course. Written by experts Nigel Briggs, Nick Price and Richard Wortley, and edited by Sue Teal, the content is carefully tailored to the OCR specification. - Develop conceptual understanding with full coverage of all topics in the OCR A level specification in one book. - Establish a firm understanding with key term definitions and tables of relevant cases and legislation for each topic. - Build sound knowledge and analysis throughout the course with knowledge-based questions and revision summaries at the end of each chapter. This Student Book is endorsed by OCR - This title fully supports the specification - It has passed OCR's rigorous quality assurance programme - It is written by curriculum experts

As the world's largest country struggles with itself to build `rule by law', how is this process reshaping Communist Party rule? The Politics of Lawmaking in China examines how China's political and legal structure is quietly but dramatically changing from within, rather than being overthrown from below as in Eastern Europe. Examining the changing relationship between the National People's Congress and the Communist party hierarchy, this book casts light on China's fight to move toward law and democratization.

On the occasion of the 50th anniversary of the European Economic Community and the 15th anniversary of the European Union, this book brings to the fore 50 years of European integration. It reflects on the foundations of these entities, their present state and their future. It focuses on three important themes that have gained particular importance throughout the years: (1) the constitutional architecture of the Treaties and the role of the institutions and other bodies within the institutional setting; (2) the need for further integration and the possible limits or needs for a more differentiated approach to integration, and (3) the EU's borders and identity, including the issues of enlargement, European neighbourhood policy and EU citizenship. In conclusion, the book raises the question whether the European integration process can serve as a model for other regional integration processes. Hence, it compares the South American, African and Asian integration processes and tries to detect commonalities and differences in relation to the European Union integration process. The unique character of this book will be particularly appealing to practitioners working in or with the EU institutions and law, both inside the EU as outside, in America, Africa and Asia. It is a valuable source of information for master and graduate students in European law and European studies, and those interested in other regional integration processes. The Editors of the book are both affiliated to Maastricht University, Maastricht, The Netherlands, and working in the department of European and International Law. Andrea Ott as a Senior Lecturer in European Union Law and Ellen Vos as a Professor of European Union Law.

As European lawyers dealing with cross-border issues quickly learn, the terms contract, contrat, and contratto signify three very different legal concepts. This illustration highlights the importance of studying the relationships between language and law, particularly in the context of strong pressure from the European Community to harmonise the laws of the Member States - a process which appears difficult, if not impossible, unless there is an understanding of the profound differences which exist between the various legal systems, and the development of a common European legal language from the 21 official languages now a feature of the European Union. This admirable collection of essays brings together the work of practitioners and scholars in three fields pertinent to this endeavour: representatives of Community institutions who are involved in drafting, translating, and interpreting multilingual texts; jurists and comparative lawyers from both civil law and common law systems; and researchers in linguistics and language issues. Among the many relevant matters they discuss are the following: terminologies of rights and remedies; the role of the European Court of Justice as interpreter; multilingualism in parliamentary practice; the role of the European Commission's legal revisers; and translation at the European Court of Justice. The essays were originally presented as papers at a conference held in Como in April 2005, organized by the Faculty of Law of the University of Insubria together with the Centro Interuniversitario di Ricerca in Diritto Comparato (Interuniversity Centre for Research in Comparative Law) set up by the Universities of Milan, Bologna and Insubria. This event took place in the context of a research project co-financed by the University of Insubria and the Italian Ministry of Education, University and Research. The particular objective of the conference was to make a comparison between the day-to-day working requirements within the Community institutions, each with its own particular needs, and the longerterm analysis which the academic world could bring to bear on the problems of the translatability of legal terms. As the first in-depth appraisal of this crucial matter, this book cannot fail to find interested readers among all the branches of European law, practitioners and scholars, local and international. It is sure to be a highly valuable resource for many years to come.

This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of the lawyers, legal techniques, legal traditions, legal cultures, etc.? This question is at the core of many current debates and is discussed in many of the papers contained in this volume. The contributors all attempt to locate law in its context, and adopt a more theoretical and interdisciplinary approach to making comparisons. In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline, with an eye on at least some other elements of law's context: notably legal history, legal sociology (especially 'legal culture') and linguistics. They also contribute new ideas to various areas of legal theory including legal epistemology, pluralist or monist conceptions of a 'legal system', legal methodology, judicial reasoning, the theory of legal sources, and the analysis of concepts such as 'equality', 'rights', 'legal principles', 'personal rights' and 'personal identity'.