Students new to the study of EU law can find knowing what questions to ask to be as much of a challenge as answering them. This book clearly sets the scene: it explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law. This book is an essential first port-of-call for all students of European law.

The purpose of this book is to explore the different ways in which the state deals with various social groups through the mechanisms of space. It does this by looking at three case studies, involving three social groups within Israel's multicultural society, in which the different roles played by political space in legal analysis are revealed and analysed. The book then proceeds to unearth the unifying logic underlying the disparate legal treatment of political space, brought to light by the three case studies - the Sephardim, the Bedouin-Arab minority, and the ultra-Orthodox community of Jerusalem. depending on the social group involved, an attitude which, the author argues, can be traced back to early Zionist thinking. He goes on to argue that a reform of local government law is required, to correct the segregated system of political space and the separate and unequal distribution of political power, and the economic resources that accompany it.

The story of the English barristers and the culture of common law between 1690 and 1820 is a complex one. In Professors of the Law David Lemmings provides a wealth of detail about barristers' numbers, education, working habits, reputation, and self-image, and compares them with colonial American lawyers. The broad-ranging conclusion suggests that the bar ultimately failed English society and contributed to the marginalization of the common law.

This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary - judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics - and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.

This book provides a comprehensive and up-to-date review of the relationship between psychology, moral reasoning theory and offending behaviour. It sets out the theory and research which has been carried out in the field, and examines the ways in which this knowledge has been used in practice to inform treatment programmes for offenders. This book pays particular attention to Kohlberg's theory of moral reasoning, providing a link between this theory and developmental psychology, along with a review of more recent critiques of this theory and an analysis of the difficulties of accurately assessing moral reasoning. The book goes on to assess moral reasoning as an explanation of offending behaviour, looking at how moral reasoning interacts with child rearing and family factors, social factors and social cognition. Offending is therefore presented as a complex phenomenon caused by an interaction of variables that are internal and external to the individual. The book concludes with a consideration of how knowledge and research in the area of moral reasoning and offending has been used in practice to inform treatment programmes for offenders, looking at a variety of different settings (prison, residential settings, and in the community).

No other European laws are so frequently violated as environmental directives. This informative and illuminating volume explains why member states have repeatedly failed to comply with European Environmental Law. It challenges the assumption that non-compliance is merely a southern problem. By critically comparing and analyzing Spain and Germany, the volume demonstrates that both northern leaders and southern laggards face compliance problems if a European policy is not compatible with domestic regulatory structures. The North-South divide is therefore much more complex than previously thought. Examining each country's capabilities of shaping European policies according to its environmental concerns and economic interests, the book debates the possible outcomes if the European Union does not come to terms with the leader-laggards dynamics in environmental policy-making. It will be a prime resource for anyone concerned with environmental policy-making and law, particularly within the EU, as well as those interested in environmental and political geography.

Over much of Africa, crime and insurgency are a serious problem and one in which the distinction between the two is being eroded.A Left without state protection people have sought to preserve their lives and property through vigilante groups and militias that pay scant attention to the law or human rights.A Likewise, the state security forces, under pressure to cut crime and rebel activity, readily discard lawful procedures.A Torture provides them with vital information, whilst extra-judicial executions save the need to go through the prolonged criminal justice system. After a general overview of the role of the rule of law in a democratic society, Bruce Baker provides five case studies that capture the current complex realities and their impact on the new democracies.A The citizen responses considered are vigilantes in East African pastoral economies, The Bakassi Boys an anti-crime group in Nigeria and private policing initiatives in South Africa.A The state responses are those of the Ugandan Defence Forces towards the Lords Resistance Army, the Senegalese army towards the Casamance secessionists and the Mozambique Police response towards criminals.

This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.

The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.

Cases and Materials on EU Law is a highly respected EU law text and the only cases and materials book in the field. With his clear, engaging writing style, Stephen Weatherill presents the main constitutional and substantive areas of EU law alongside the themes and principles that have shaped the development of the EU and its policies. The 12th edition provides a wealth of carefully selected case law alongside engaging extracts and materials to help explain the complexities of EU law in a contextualized and thought-provoking manner. Insightful author notes and questions accompany each extract, providing valuable additional detail to challenge understanding and encourage students to engage critically with the material. This title is accompanied by an Online Resource Centre, providing students with extra learning materials including: - an interactive map of Europe - a timeline of the EU - video footage - a guide to further web resources - a table of equivalences - legal updates - guidance for lecturers on using the book when teaching.

China's Confucian-based imperial legal system developed and flourished for more than 3000 years. Its disintegration, following the collapse of the last dynasty in 1911, ushered in a new century of legal experimentation, development and intermittent disorder. No single book could possibly offer a completely comprehensive discussion of every element of the rich and diverse system of Chinese law. However, the articles included in this volume illustrate the very best of English language academic scholarship in this area. They represent a collective introduction to the law and legal theory of China and provide a perceptive and well informed guide to a huge subject area of enormous depth and complexity.

This highly accessible book takes a step-by-step approach to the legal theory and practical realities of organizing, negotiating, managing, and protecting an International Joint Venture. It covers every aspect of the subject with numerous examples and problem-solving tips, including dealing with cultural misunderstandings, property rights issues, legal liability, as well as contract advice.

How successful were the Athenians and other Greeks in bringing about the rule of law? What did the Greeks recognize as 'law' both in the polis and internationally? How did the courts attempt to implement this ideal, and how successful were they? This collection of essays sets out to answer these questions, concentrating on the following themes: law, religion and the sources of legitimacy; substance and procedure; legal arguments in court; documents and witnesses; and law in an international context. There is much here to interest not only specialists in Greek law, but also those concerned more generally with both Greek history and the history of law.Contributors include: Christopher Carey, Angelos Chaniotis, Michael Gagarin, Edward Harris, Adriaan Lanni, Frederick Naiden, Robert Parker, Peter Rhodes, Lene Rubinstein, James Sickinger.

The text begins by presenting general considerations on the rule of law after communism, and then moves its focus inward to consider more particular problems. Part one of the book involves the exploration of the concept of the rule of law itself and the second part considers its most explicitly developed application: constitutionalism. The third part looks into some of the moral dilemmas that are opened up when an attempt is made to adapt law to confront an often distasteful past - not all traces of which have passed. In the fourth part of the book the distinctive problems of crime in post-communist societies is examined, and part five deals with some international implications and ambitions stimulated by the collapse of communism and its aftermath.

This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.

The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.

Jurisprudence – An Introduction is aimed at students about to embark on a course in jurisprudence, legal theory or legal philosophy.

The author has analysed the various philosophies extensively, and has indicated the intensity of current jurisprudential debates in relation to South African law.

"The Encyclopedia of Civil Rights in America" is a comprehensive reference source on the human rights and civil liberties that are legally recognized in the US. The US Consitution and the Bill of Rights define individual rights for Americans. The successive amendments to the Constitution and Supreme Court decisions further define these rights and relationships while protecting the individual citizen in an ever changing society. "The Encyclopedia of Civil Rights in America" presents students with lucid, enlightening essays on these fundamental documents, court decisions and laws, while examining the aspects of public and private life they serve to protect, and highlighting those individuals who are and have been influential in defining and interpreting civil rights. It is organized in an easy to use A-Z format, from Abolitionists to the contemporary Zoot Suits riots.

The emphasis in this present volume of Professor Feenstra's studies lies on the post-medieval development of legal scholarship. The opening two studies are concerned with the University of Orleans in the 13th-14th centuries, but from there the centre of interest shifts to the early modern Netherlands. Two important themes are the teaching of law, especially at the legal faculties of Leyden and Franeker, and the doctrines of private law (especially property, contract, and succession). The figure of Hugo Grotius, his sources and his influence, dominate these articles.

The pamphlets, newspaper articles and tracts in this collection provide source material for the study of the Anti-Corn Law campaigns of the 1830s and 1840s and their role in the formation of popular economics in Britain.

What is this thing called planning? What is its domain? What do planners do? How do they talk? What are the limits and possibilities for planning imposed by power, politics, knowledge, technology, interpretation, ethics, and institutional design? In this comprehensive volume, the foremost voices in planning explore the foundational ideas and issues of the profession. "Explorations in Planning Theory "is an extended inquiry into the practice of the profession. As such, it is a landmark text that defines the field for today's planners and the next generation. As Seymour J. Mandelbaum notes in the introduction, "the shared framework of these essays captures a pervasive interest in the behavior, values, character, and experience of professional planners at work."

All of the chapters in this volume are written to address arguments that are important in the community of planning theoreticians and are crafted in the language of that community. While many of the contributors included here differ in their styles, the editors note that students, experienced practitioners, and scholars of city and regional planning will find this work illuminating and helpful in their research.

Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.

This groundbreaking study is the first to apply an analytical model derived from the interest-group theory of regulation to the study of antitrust law and policy. The application of this model which stresses that government intervention in the economy will always benefit some political groups at the expense of others to the analysis of antitrust enables Shughart both to identify important trends in the antitrust arena and demonstrate which groups have benefited most from antitrust legislation. His analysis clearly shows that consumer welfare is often not enhanced by antitrust suits or legislation. Rather, well-organized private interest groups have tended to benefit more, even in cases where consumer welfare is the stated goal of legislation or policy.

Divided into three sections, the volume begins by discussing normative and positive theories of antitrust. The author provides an overview of the origins of antitrust law and policy and introduces the interest-group theory of government. The second section explores the various private interests that impinge on antitrust policy: the business community, the antitrust bureaucracy, Congress, the judiciary, and the antitrust bar. Finally, Shughart examines the political economy of antitrust. He shows how antitrust can be used to subvert competition and offers suggestions for reform in the realm of interest group politics. Students of economics and business, as well as professional economists, corporate lawyers, legislators, and business consultants, will find important new insights into the direction taken by antitrust policy during the last few decades.

This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.