This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.

In this 1912 edition of his 1911 history, Pulitzer Prize-winning author Charles Warren sets out a historical sketch of law and lawyers in America from the Revolutionary War until 1860. Warren also includes an overview of the state of the law in England in the 17th and 18th centuries by way of background, and a chapter especially devoted to the effect of the railway on the development of American law in the Victorian era. This book will be useful to legal historians both British and American, and to anyone with an interest in the foundations of American legal institutions.

Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.

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.

In an increasingly complex and unpredictable world, a growing number of observers and practitioners have called for a re-examination of our national security system. Central to any such reform effort is an evaluation of Congress. Is Congress adequately organized to deal with national security issues in an integrated and coordinated manner? How have developments in Congress over the past few decades, such as heightened partisanship, message politics, party-committee relationships and bicameral relations, affected topical security issues? This volume examines variation in the ways Congress has engaged federal agencies overseeing our nation's national security as well as various domestic political determinants of security policy.

The European Union is in crisis. Public unease with the project, Euro problems and dysfunctional institutions give rise to the real danger that the European Union will become increasing irrelevant just as its member states face more and more challenges of a globalised world. Jean-Claude Piris, a leading figure in the conception and drafting of the EU's legal structures, tackles the issues head on with a sense of urgency and with candour. The book works through the options available in light of the economic and political climate, assessing their effectiveness. By so doing, the author reaches the (for some) radical conclusion that the solution is to permit 'two-speed' development: allowing an inner core to move towards closer economic and political union, which will protect the Union as a whole. Compelling, critical and current, this book is essential reading for all those interested in the future of Europe.

In recent years there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of philosophy and law might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers 38 leading scholars working in law and philosophy to provide focused and straightforward articulations of the role that philosophy might play at this juncture of American legal history. The volume marks the 75th anniversary of Karl Llewellyn s essay On Philosophy in American Law, in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings, and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. The essays are written in the spirit of Llewellyn s article: they are succinct and direct arguments about the potential for bringing law and philosophy together.

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This 2005 book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.

Law and Society in England 1750-1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.

This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

William Andrews Holdsworth was the author of several popular legal handbooks, which ran into many editions. They were aimed at non-specialists, explaining topics such as landlord and tenant rights, will-making and acting as an executor, bankruptcy and married women's property legislation. The Handy Book of Parish Law was first published in 1859, and ran to twelve editions, of which this is the third (1872). The parish is still the lowest level of local government, particularly in the countryside, and parish councils formerly made many of the decisions which affected day-to-day life in their locality. Regular changes in the law required frequent updating, and the significance of certain bodies altered over time. This is a useful source for local and family historians, which helps unravel the complexities of parish law, which applied not only to church management but to poor law unions and aspects of local government.

John Steer (fl. 1830) was a barrister and writer on legal issues best remembered for this detailed survey of the state of parish laws in the early nineteenth century. In this period the parish was the main institution of rural administration, and parishes were responsible for both ecclesiastical and civil matters, these being administered by the parish vestry. This volume, first published in 1830, contains a clear and comprehensive review of the many laws relating to the responsibilities of the parish. Organising the text according to parish institution, Steer provides a thorough description of legislation which governs all aspects of parish activities, including the parish vestry, Poor Law and church administration, and the duties of Justices of the Peace, with the legal statutes and pertinent legal cases included. This volume was published in multiple editions during the nineteenth century, and provides a rich resource for the study of contemporary life.

In recent years, the public has become increasingly fascinated with the criminal mind. Television series centered on courtroom trials, criminal investigations, and forensic psychology are more popular than ever. More and more people are interested in the American system of justice and the individuals who experience it firsthand.
Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. Drs. Ewing and McCann take you "behind the scenes" of each of these cases, some involving celebrities like Woody Allen, Mike Tyson, and Patty Hearst, and explain the impact they had on the fields of psychology and the law. Many of the cases in this book, whether involving a celebrity client or an ordinary person in an extraordinary circumstance, were determined in part by the expert testimony of a psychologist or other mental health professional. Psychology has always played a vital role in so many aspects of the American legal system, and these fascinating trials offer insight into many intriguing psychological issues. In addition to expert testimony, some of the issues discussed in this entertaining and educational book include the insanity defense, brainwashing, criminal profiling, capital punishment, child custody, juvenile delinquency, and false confessions.
In Minds on Trial, the authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights.
Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.

Lawmakers and judges often enact and enforce laws and policies that impact youth. The extent to which these legal actions are sensitive to juveniles' perspectives and experiences has changed recently. Compared to an earlier time when juveniles were treated the same as adults, many policies are now created with the needs of juveniles in mind, thanks in part to psychological studies that have revealed that the decision making, behavior, and cognitions of children vary drastically from those of adults. Unique in its angle and in the breadth of social issues it covers, Psychology, Law, and the Wellbeing of Children brings together new research and analyses to address how legal actions affect children's wellbeing. It addresses how civil and criminal law has evolved to protect, and sometimes inadvertently neglect or harm, the wellbeing and development of children. Each chapter describes a law or policy affecting children, identifies the relevant psychological issues, reviews the research that has been conducted or should be conducted, and provides recommendations for professionals in law and/or psychology. With contributions from top researchers and practitioners in the field, chapters discuss many current debates, including issues such as gender-specific programming for juvenile delinquents, interrogations of juveniles, changes in divorce and custody procedures, programs for imprisoned mothers, and legal actions adopted to protect the health of children and society (e.g., HPV vaccinations, considering child obesity to be abuse). This book will be a vital resource for those interested in protecting the wellbeing of children, including academics and researchers in psychology, criminology, and sociology; practitioners such as judges, attorneys, forensic psychologists, psychiatrists, and social workers; and graduate and law students.

Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration s State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book. Click here to watch a video of the authors talking about their book on C-SPAN Book TV on Saturday, February 6, 2010.

For fifty years European integration has been pursued according to an operational code based on rules which have never been publicly discussed. This book demonstrates the far-reaching consequences of the prioritisation of integration over competing values, fait accompli and other implicit rules of action. The willingness to sacrifice democracy on the altar of integration is demonstrated by the monopoly of legislative initiative granted to the non-elected Commission. Monetary union preceding, rather than following, political integration is a striking example of fait accompli, and the reason behind many holes in the EU system of economic governance. Until now, academics have avoided radical criticism; Giandomenico Majone argues that only an open acknowledgement of the obsolescence of the traditional methods can stem the rising tide of Euro-scepticism.

The development and integration of financial markets is at the forefront of academic and policy debates around the world. Nowhere is this more in evidence than in Europe where the integration of financial markets is a primary objective of the European Commission and fully supported by the European Central Bank. This book brings together leading economists from across the world to analyse the central issues in the development and integration of financial markets from a European perspective whilst highlighting their global relevance. Financial Markets and Institutions is a must-have reference for policymakers, financial market practitioners, and graduate students and academics with an interest in this increasingly important area. Each contribution is written in a rigorous but non-technical fashion, drawing on the latest theories and empirical evidence making them accessible to lay readers as well as academic specialists.

This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

The threats to privacy are well known: the National Security Agency tracks our phone calls; Google records where we go online and how we set our thermostats and more. The contributors to this Privacy in the Modern Age don't simply describe these problems or warn about the loss of privacy - they propose solutions. They look closely at business practices, public policy and technology design, and ask, Should this continue?' The premise is clear: there's a problem - let's find a solution.'

Urfan Khaliq analyses the theory and practice of the European Union's 'ethical foreign policy', arguing that current practices dilute the impact and efficacy of Union policies but that an effort which is at times effective is being made to protect certain values in the Union's international relations. Beginning with an investigation of the international rules authorising or obliging the Union/Community or the Member States to promote certain values in third countries or take action to protect them, Khaliq goes on to examine the limits under international law which constrain such policies. The issues are then assessed from a Union/Community law perspective, and the importance attached to ethical values and their relationship with other priorities and objectives is analysed in the context of relations with Myanmar, Nigeria, Pakistan, Israel and the Palestinian Authority. The European Community's humanitarian aid policy is also discussed.