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.

Using data from a wide selection of states including EU members and the US, this new work on media regulation analyses and compares developments across the telecommunications and broadcasting sectors. Using national studies, the book examines the ability of the law and other regulatory techniques to influence such a rapidly changing area. It exposes clearly the regulatory choices that are being made to control the so-called 'new media', including the internet, as well as examining the methods used to govern the more conventional media.

A fascinating exploration of the tension between law and politics, justice and justification, in the history of ancient Greece - presented here as a collection of essays by a distinguished team of both law and ancient history scholars. The book shows clearly how law and politics are inevitably linked together, not only in ancient Greece, but indeed in every modern society.

Carol Smart presents a new gendered anlysis of the power of law and argues for a feminist post- structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation. This book should be of interest to students and teachers in law, critical legal studies, women's studies and jurisprudence.

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.

This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

She took the law into her own hands
Written for younger readers, "Strong-Minded Woman" provides an engaging look at the life of Lavinia Goodell, Wisconsin's first female lawyer. Telling Goodell's story from 1858, when she first decided to become a lawyer, to her place as an actual attorney in the courtroom, Mary Lahr Schier recounts Goodell's hard work and determination as she taught herself the law.
Born in 1839 to abolitionist and transcendentalist parents, Lavinia Goodell grew up determined to change the world. As she met the runaway slaves that stayed at her childhood home and listened to the preaching of her church, Lavinia began to form her own ideas about the world. She decided to be a lawyer, even though her sister told her to stop "trying to be a man."
Distributed for the Midwest History Press.

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law's central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

This volume, built on a recent series of courses at the Academy of European Law, Florence, addresses the overlapping regulatory trade regimes of the WTO, the EU and the NAFTA. The various contributions deal with discrete areas of the international trading system each placing considerable emphasis on the interlocking nature of the various components of that system. The co-existence of regimes, often governing simultaneously complex transnational transactions, is the focus of the volume.

In this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

Antitrust Developments in Europe, 2002 provides a comprehensive and practical commentary on the past year's major developments in EC and national antitrust law. Topics covered include:
- Vertical Restraints
- Horizontal Agreements
- Abuse of Market Power
- Mergers & Acquisitions
- Joint Ventures
- State Aid
- Policy and Procedures

From Labour's promise to be 'tough on crime, tough on the causes of crime' through to the White Paper and new criminal justice legislation, controlling crime and reforming the criminal justice system has been one of the government's key priorities. This book provides a detailed review of the thinking behind these new plans and legislation, looking at policies and proposals in the field of punishment, particularly those embodied in the Halliday Review of the Sentencing Framework (2001), the government White Paper Justice for All (2002), and the 2002 Criminal Justice Bill. The contributors to the book subject to scrutiny the evidence for the 'evidence-based policy making' that is often claimed as a distinctive new feature to these processes, examining approaches to drug-dependent offenders, dangerous sex offenders, nuisance offenders, procedural and evidential protections in the courts, sentencing guidelines, sentencing management, racism in sentencing, custody plus, custody minus, and reducing the prison population.

In early modern Europe the law developed as one of the few non-religious orderings of civil life. Its separation from religion was, however, never complete and we see the contest continued today not only in the campaigns of religious fundamentalists of the right, but also in the clains of critical intellectuals to reshape government institutions and the legal apparatus in accordance with moral principle - whether of indivudual autonomy or communitarian self-determination. In Anti-Lawyers, David Saunders traces the story of this unresolved conflict from Hobbes' Leviathan to the American law texts of today, and discusses how we might regard today's moral critics of government and law in the light of the early modern effort to disengage spiritual discipline from secular government and conscience from law. Separate sections look at major figures in English common law in the Early Modern period, French and German absolutism and jurisprudence as it is taught in the American law texts of today.

Economic analysis is becoming an increasingly powerful means of illuminating the European Union legal system, both as a method of deciphering and of influencing EU policy. This important volume focuses upon this relationship between economics and EU law, elucidating both the complex and complementary nature of these two subjects. This authoritative selection of articles includes topics such as the politics of European federalism, the law and economics of immigration policy, judicial review and corporate governance in the European Union. Professor Stephan's perceptive introduction highlights the interrelated aspect of these subjects and the potential conclusions to be drawn from the volume as a whole.

This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.

The Right to Life in Japan is a study that brings new perspectives to bear on an extremely important topic for all those facing the moral dilemmas of such issues as abortion and the death penalty. It also helps to fill a gap in life, in social science and law studies of contemporary Japan. Noel Williams approaches the right to life in Japan from a legal viewpoint via a broad range of issues such as abortion, suicide, capital punishment and death from overwork. Following a discussion of law and rights in Japan from an historical perspective, the author examines the question of what life is in contemporary Japan and focuses on problematic areas which have arisen in life issues, including infringements of the right to life within the modern company organization, and by the state, as well as the question of the equality of the right to life.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

The Treatise on the Laws and Customs of the Realm of England Commonly Called Glanvill is an account in Latin of the law and practice of the royal court at the end of the reign of Henry II. The authorship is uncertain, but the Treatise must have been written by a man closely connected with the work of the court, and he may have had some academic training in civil and canon law. The Treatise is mainly concerned with civil pleas begun by writ and using the procedures of inquest and assize. As litigation begun by writ is a fundamental characteristic of the common law, Glanvill can fairly be called the first text-book on the subject. Its merit lies partly in the clarity of exposition, but much more in the author's willingness to depart from his basic plan - a commentary on individual writs - in favour of a courageous attempt to expound the law in substantive terms. This edition by G. D. G. Hall, with a translation, introduction discussing the background, contents, and value of the treatise, and full annotation, was first published in Nelson's Medieval Texts in 1965, and quickly established itself as a classic work. It is now reissued in Oxford Medieval Texts with a substantial new Guide to Further Reading by M. T. Clanchy.

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law's central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.

The role that payments play within the general framework of financial services in the EC is indispensable for the realization of a true single European market including, inter alia, the conditions of cross-border purchasing, the legal framework of consumer protection, and the technical standards against fraud in payment systems. The Commission's New Legal Framework for payment services in the internal market, as evidenced by the EC Payment Services Directive (PSD), represents an important step towards the completion of an initiative for a Single Euro Payments Area and, more broadly, EU-wide financial services integration. Yet, while wholesale financial services and, in particular, wholesale payment services have been extensively regulated, much work remains to be done in the sector of retail financial services, an area directly affecting consumers and small enterprises.Using a dual focus on the historical development of EC financial services law and current trends in this highly evolving sector, this important book masterfully reveals and delimits the legal aspects of payments within the European Union and analyses the different legislative approaches to harmonization in financial services. The author shows that, despite the inherent sensitivity of the financial services sector and the rapid technological developments, a centralized EC initiative for payment services has the potential to bring about tangible results in terms of consumer protection and further EC integration.In the course of her in-depth treatment, the author explores the following such elements as they relate to payment services: the case law of the ECJ on the meaning of payments and capital; theories of minimum versus maximum harmonization in financial services; the application of mutual recognition and home country control; the comitology procedure; the principle of subsidiarity in the context of financial services legislation; authorization requirements for payment institutions; supervision of the payment institutions; liability for losses from unauthorized transactions; liability for non-execution or defective execution of a payment transaction; revocability and irrevocability of a payment order; varying levels of consumer protection in payment services; and transparency and liability issues under the PSD.As the EU continues to experience increasing pressure and incentives to evaluate the existing legal framework affecting payments across its Member States, this book's clear analysis of the complex legal framework, as well as its informed perspectives on future prospects, will greatly facilitate the advancement of legal scholarship in the area. The book is well worth the attention of banking professionals, business people and other interested parties.

This easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist's Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book's organization captures both the bird's-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.

First Published in 1998. This is Volume VII of eight in the Sociology of the Soviet Union series. Written in 1945, this is a a study about the social background and development of Soviet Legal theory and deals with Soviet conceptions of Law. Law in the USSR is not an isolated systems of values and norms but can be seen as an agent in social life, as it regarded as an expression of social conditions and social needs, being more sociological than legal.

The laws of marriage, divorce, property transmission and child custody, made by men, have powerfully conditioned women's lives. In the tradition of the English common law a woman by marrying, buried her own legal status in that of her husband: in law she could neither own property, sue in court, or even write a will of her own. Through the nineteenth century and into the twentieth these legal "disabilities" as women who crusaded to repeal to them called them, were gradually changed, so that by the time women became voters in 1920, the law regarded women, even married women, as individuals similar to men in most although not all ways. This volume includes articles which treat women's legal status and change over time in women's interaction with the legal structures of marriage, divorce and property.

The Constitutional History and Law of Sierra Leone (1961-1995) is a legal analysis of the complex interaction between constitutional norms and institutional and societal forces. Sierra Leone, a new Commonwealth state once regarded as a model of British parliamentary democracy in West Africa, offers both an extraordinary constitutional setting and a fertile source of material for legal analysis in that it has not escaped the wave of revolutionary change and constitutional instability that has swept the new Commonwealth after independence. In this book the author examines, from a comparative perspective, the complex interaction of constitutional standards and institutional and societal forces as a constraining influence on constitutional democracy in Sierra Leone. This book illustrates Sierra Leone's experience with one of constitutional law's most fundamental and enduring problems--the delicate relationship between its legal and political components.