While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes.

The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities.

This book was published as a special issue of Israel Affairs.

In this book Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. He begins in the High Middle Ages and describes how the Glossators laid down the foundations by applying methodical criticism and exegesis to the Digest of Justinian. As Reinhard Zimmermann's foreword shows, Wieacker's way of telling the history of European legal thought from its origins in medieval Bologna down to the present day and of elucidating the intellectual conditions for its development is a stunning achievement. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time: between Scholasticism and medieval legal science, between the enlightenment and the Law of Reason, between Classicism (and Romanticism) and Savigny's Historical School of Law. It is hardly surprising that so ambitious and erudite a work should have become a classic since 1952, when it was first published in German. Now Tony Weir's brilliant translation makes the seond and final edition accessible to English-speaking scholars the world over.

On the historic occasion of the 40th anniversary of the founding of the Association of Southeast Asian Nations (ASEAN) in 2007, the leaders of the ten-member countries signed the ASEAN Charter. This is an important milestone for the regional group as the Charter will make ASEAN stronger, more united and more effective. The Charter embodies the ASEAN community's purposes and principles, organs and decision-making process; a new legal personality; a system for the settlement of disputes; and an ASEAN Human Rights Body.The Making of the ASEAN Charter captures the insiders' views of the drafting of the Charter and hence is a must-read for anyone interested in ASEAN, international law and the art and science of negotiations.

By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine;

• the substantive and procedures laws surrounding capital punishment in different historical periods
• the purposes and functions of capital punishment in China in various dynasties
• changes in the method of imposition and relative prevalence of capital punishment over time
• the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries.

Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

Law of the European Union provides an introductory guide to help you understand European Law at a time of considerable change and challenge. It offers a clear and accurate explanation of the constitutional law of the EU and the institutions, as well as the substantive law, presented in a systematic and logical way to support learning and revision.

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.

This latest edition of AS Law has been fully updated to meet the requirements of the most recent changes to the specifications of both AQA and OCR examination boards. This title

• is tailored to the NEW four-module specifications for both AQA and OCR (although also suitable for the existing six-module specifications)
• includes a new chapter on Contract as part of the section on The Concept of Liability
• contains coverage of recent legal changes includes the effects of the Constitutional Reform Act 2005, especially concerning appointment of judges and the role of senior officers, such as the Lord Chancellor; reform of the powers of the police; recent statutes and cases particularly useful in preparing for questions involving judicial precedent and statutory interpretation.
• is written by authors who are experienced teachers, writers and examiners for AS/A-level law.

There is an ever-increasing interest in the question of how and why legal norms can effectively guide human action. This compact volume demonstrates how economic tools can be used to examine this question and scrutinize these legal norms. Indeed, this is one of the first text to be based on civil law instead of the more usual common law, situating the study of both private and public law within the framework of institutional economics, with recommendations for further reading and a list of key terms in each chapter. Besides the standard economic problems in property, tort, contract, crime and litigation, areas covered include: new institutional economics public choice constitutional law public administrations regulatory impact analysis. This book is essential reading for students in law schools and economics departments alike, particularly those engaged with the methodology of law and economics, applied economics and economic methods of legal policy.

This critique of property examines its classical conception: addressing its ontology and history, as well as considering its symbolic aspects and connection to social relations of power.

It is organized around three themes:

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• the ways in which concepts of property are symbolically and practically connected to relations of power
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• the 'objects' of property in changing contexts of materialism
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• challenges to the Western idea of property posed by colonial and post-colonial contexts, such as the disempowerment through property of whole cultures, the justifications for colonial expansion and bio piracy.
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Dealing with the symbolism of property, its history, traditional philosophical accounts and cultural difference, Margaret Davis has written an invaluable volume for all law students interested in property law.

A thorough analysis of insider trading requires the integration of law and finance, and this book presents a theoretical and empirical examination of insider trading by incorporating a synthesis of securities law with that of financial theory. The book begins with a conceptual framework that explores the theoretical roles of markets, firms and publicly held corporations, including a discussion of corporate governance to determine both who may have access to nonpublic information, and their legal rights and responsibilities. The book then examines different aspects of the securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, and a critique of the SEC disclosure rules and their ramifications for market efficiency. This is followed by a detailed chronology of insider trading regulations enacted in the U.S. since 1934 and an overview of the existing empirical literature on insider trading. Empirical evidence is presented on insider trading activities and the merit of anti-insider trading laws is evaluated on theoretical arguments and recent empirical developments. The authors conclude by arguing that insider trading laws and enforcement activities have failed and propose the decriminalization of insider trading.

By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors' treatment of China's death penalty is legal, historical, and comparative. In particular, they examine;

• the substantive and procedures laws surrounding capital punishment in different historical periods
• the purposes and functions of capital punishment in China in various dynasties
• changes in the method of imposition and relative prevalence of capital punishment over time
• the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries.

Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

Over the past decade, the scope of copyright and patent law has grown significantly, strengthening property rights, even when such rights seem to infringe upon other, more basic, priorities. This book investigates the ways in which activists, scholars, and communities are resisting the expansion of copyright and patent law in the information age. Debora J. Halbert explores how an alternative framework for understanding intellectual property - including about how we ought to think about the issues, the development of social movements around specific issues, and civil disobedience - has developed. Each chapter in the book discusses how resistance is developing in relation to a particular copyright or patent issue such as: access to patented medication access to copyrighted information and music via the Internet the patenting of genetic material. This controversial book examines the ways in which the idea of intellectual property is being re-thought by the victims of an over-expansive legal system. It will appeal to students and researchers from a range of disciplines, from law and political science to computer science, with an interest in intellectual property.

It is unusual, in the precise world of law, to find instances of where 'near enough is good enough'. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-pres doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out 'as nearly as possible'. Over the past thirty years, this doctrine has marched into other legal territory where 'as near as possible' is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-pres doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of 'cy-pres law' in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Volume 16 of The Jewish Law Annual adds to the growing list of articles on Jewish Law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains seven articles diverse in their scope and focus, encompassing legal, historic, textual, comparitive and conceptual analysis, as well as a chronicle of cases of interest, and a survey of recent literature. Three of the articles, one of which explores references to Genesis in (western) canon law, make up a special section on the book of Genesis. The other topics covered are: suicide as an act of atonement in Jewish law; early interpretations of the Bible and Talmud as reflecting medieval legal realia; Ashkenazic codifiers in Spain; and authority, custom and innovation in the seventeenth-century Italian halakhic encyclopedia, Pahad Yitzhak.

The European Union (EU) is in a state of transformation with its constitutional future the subject of much heated debate. This book provides a durable, authoritative and comprehensive account of constitutional development, examining the pivotal roles of law and judicial politics in establishing the EU constitutional edifice. Michael Longo demonstrates and substantiates the arguments for and against constitutionalisation through the development of a theoretical framework drawing on theories and empirical research in both law and political science to understand this new process of European Integration.

Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.

Over the past decade, the scope of copyright and patent law has grown significantly, strengthening property rights, even when such rights seem to infringe upon other, more basic, priorities. This book investigates the ways in which activists, scholars, and communities are resisting the expansion of copyright and patent law in the information age.
Debora J. Halbert explores how an alternative framework for understanding intellectual property-including about how we "ought" to think about the issues, the development of social movements around specific issues, and civil disobedience-has developed. Each chapter in the book discusses how resistance is developing in relation to a particular copyright or patent issue such as:
* Access to patented medication
* Access to copyrighted information and music via the Internet
* The patenting of genetic material.
This controversial book examines the ways in which the idea of intellectual property is being re-thought by the victims of an over-expansive legal system. It will appeal to students and researchers from a range of disciplines, from law and political science to computer science, with an interest in intellectual property.

Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.

Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.

Globalization and its relationship to public governance is one of the key issues of our time. In this book, experts from a number of disciplines attempt to define what these two terms mean and, perhaps even more importantly, what they do not. Taking as a starting point that globalization is neither the take-over of political power by multi-national 'stateless' enterprises, nor the chaotic unstructured process of dissolution of public order, the contributors suggest that what is occurring is more institutionalized than many critics would admit. It is argued that there are important transnational and supra-national elements of a new public order, which remain beyond the traditional borders of the state, but not completely beyond the state as such. Globalization, as opposed to former developments in the internationalization of the economy, is characterized by its transnational form, i.e. it is based on exchange processes which, to a greater or lesser degree, bypass both the state and the traditional international character of the world economy of the past.

"An outstanding work. This book is at once an analysis of a disturbing social practice and a study in legal mobilization. Saguy gets inside the black box of culture by showing how a piece of legal culture gets produced, disseminated, and received. Paying close attention to the discursive possibilities in the legal texts, the work is grounded in the organizational settings through which representational struggles are waged, displaying how the laws came to be as they are. A rich and provocative account that will be the starting point for future discussions of sexual harassment."--Susan Silbey, author of "The Common Place of Law: Stories from Everyday Life

"In this pathbreaking comparative study, Saguy sheds light on a crucial aspect of the lives of many working women by analyzing the various frames through which sexual harassment is understood in two national contexts. While norms against sexual harassment are growing deeper roots in the American workplace, accusations of sexual improprieties remain often the object of ridicule in France. Saguy's explanation of this and other differences goes beyond traditional culturalist models. The beauty of her analysis is to capture some of the ways in which sexuality is used to gain power in the workplace, and the role played by cultural frameworks in mediating these modalities."--Michele Lamont, co-author of "Rethinking Comparative Cultural Sociology: Repertoires of Evaluation in France and the United States

"This sophisticated, yet highly readable and dramatic account reveals how differently sexual harassment is interpreted in the laws and social practices in the United States and France. Drawing on a wide range of research, Saguy reveals howpolitical and cultural differences in the two societies have implications for addressing the harm victims face. A must read for sociologists of organizational behavior and culture, as well as lawyers and the informed public."--Cynthia Fuchs Epstein, author of "Deceptive Distinctions: Sex, Gender and the Social Order

"Rooted in rigorous comparative research, "What Is Sexual Harassment? "answers its own question with no-nonsense lucidity and cutting intelligence." --Joshua Gamson, author of "Freaks Talk Back "

"This is a remarkable book, both in terms of methodology and theory. This work will be an indispensable tool for anyone concerned with defining the concept of sexual harassment. The comparative approach demonstrates its heuristic importance, as Saguy shows a remarkable mastery of different social and legal cultures."--Francoise Gaspard, author of "A Small City in France

""What is Sexual Harassment? offers an original examination of the variable, much contested meanings of sexual harassment in both the United States and France. Saguy not only explains how divergent legal understandings have reflected the quite different cultural traditions and social structures in each of these two nations, but she also addresses how reaction to American media representations of sexual harassment reinforced the development of unique legal constructions in France. This is a highly interesting, innovative, and important study that advances our understanding about how socio-legal meaning is produced, reproduced, and transformed."--Michael McCann, author of "Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization

The development of ideas and policy on the control of crime has become an increasingly international affair, necessarily so as crime increasingly crosses national boundaries and as international cooperation in the form of police cooperation, international treaties, protocols and conventions takes firmer shape. Much less well understood, however, is the process whereby ideas about crime control developed in one context are transferred into different countries or regions, and in doing so are then shaped, naturalized and changed in their new context. This book addresses this range of issues, examining this process of policy transfer and reception. How are particular slogans ("zero tolerance policing"), gadgets, technical vocabularies ("electronic monitoring") and rhetoric ("war against crime") spread from one place to another, and what new meanings do they take on when this takes place? How are these ideas changed when they meet resistance and counter discourses, and encounter strong loca

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.