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 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.

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.

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.

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.

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.

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.

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.

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.'

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.

Scholars widely agree that a federal system cannot work effectively without democracy. As a result of the division or sharing of powers between levels of government, there remains considerable uncertainty about how rules or patterns of politics between the executive and legislative branches interact. Combining theoretical analyses and selected case studies, Federal Democracies at Work contributes to our understanding of the complex relations between federalism and democracy. Throughout the volume, contributing authors elaborate and apply an innovative analytical framework to provide greater clarity on the complex relations between federalism and democracy. As a whole, the volume explores how different institutional configurations of federal democracies alleviate or intensify inherent tensions; how actors grapple and cope with the challenge of these complexities; and how structures evolve as a result of rising conflicts and institutional reforms or adjustments. In doing so, Federal Democracies at Work advances research on comparative federalism and works toward a better understanding of how these compound systems work.

Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.

An engaging introduction to one of the most complex areas of modern life. The book introduces both the main components of the legal system - including judges, juries and law-makers - and key areas of law - contract, civil negligence, and criminal law - to provide the uninitiated with an ideal introduction to law. Key questions to be considered include:

How are laws made?

How do judges decide cases?

What is the exact role of the EU in the legal system?

What are your rights and duties under contract law?

What is a crime and what are criminal defences?

Throughout the book, a wide range of contemporary cases are examined to relate key legal concepts to familiar examples and real world situations.

Table of Contents

List of Abbreviations Preface 1. Types of Law 2. How Laws are Made 3. Making Sense of Legislation 4. How Judges Decide Cases 5. European Law 6. Human Rights 7. The Jury 8. Criminal Law 9. Contract Law. Glossary of Terms. Bibliography

China has seen immense economic and social changes since the mid-1990s. Companies are raising huge amounts of money in domestic and overseas stock offerings; China has joined the World Trade Organization; citizens have unprecedented freedom in their private lives; courts are under increasing pressure to handle politically sensitive cases; and the government struggles to maintain order and authority in an increasingly fractious society. This special issue of the China Quarterly assembles both Western and Chinese scholars to examine the legal dimensions of these changes, showing both how far the legal system has come and the challenges that lie ahead.

W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well-known for his distinguished contribution to Roman law, legal history and land law.? He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK.? This important new collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.

As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be applied to concepts such as human rights for European citizens in the new world order. In this book the author argues for a rule of law that is common in every sense of the word: accessible to all rather than reserved exclusively for officials, common to the various legal sectors despite increasing specialization, and common to diverse States. The book will be of interest to all comparative European lawyers, and to social scientists and legal theorists grappling with contemporary issues in legal pluralism and globalization.

This book is a historical and philosophical meditation on paying back and buying back, that is, it is about retaliation and redemption. It takes the law of the talion - eye for an eye, tooth for a tooth - seriously. In its biblical formulation that law states the value of my eye in terms of your eye, the value of your teeth in terms of my teeth. Eyes and teeth become units of valuation. But the talion doesn't stop there. It seems to demand that eyes, teeth, and lives are also to provide the means of payment. Bodies and body parts, it seems, have a just claim to being not just money, but the first and precisest of money substances. In its highly original way, the book offers a theory of justice, not an airy theory though. It is about getting even in a toughminded, unsentimental, but respectful way. And finds that much of what we take to be justice, honor, and respect for persons requires, at its core, measuring and measuring up.