China has enjoyed considerable economic growth recently, in spite of a problematic legal system. Randall Peerenboom asserts that China is in transition from rule by law to a version of rule of law, although not a "liberal democratic" version. In addition to scholars and students, this book is of interest to business professionals, policy advisors, and governmental and non-governmental agencies.

A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.

The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media describing the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular the author analyze the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe.

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.

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"This timely book urges readers to look at the courthouse afrom a faith contexta].a [A]n exciting picture of the relationship between pluralistic faiths and law."
--"Choice"

aA truly remarkable collection of first rate essays by a variety of scholars, one more illuminating than the other.a
--Amitai Etzioni, author of "Security First: For A Muscular, Moral Foreign Policy"

aA tremendous addition to the literature bounded by the topics of ethics, religion, public policy, and law. . . . A remarkable contribution in its conception and execution.a
--Ellen S. Pryor, Dedman School of Law, Southern Methodist University

The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law.

In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics includeabortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.

This important new textbook compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French Law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.

This book explores the relationship between sex and belonging in law and popular culture, arguing that contemporary citizenship is sexed, privatized, and self-disciplined. Former sexual outlaws have challenged their exclusion and are being incorporated into citizenship. But as citizenship becomes more sexed, it also becomes privatized and self-disciplined. The author explores these contesting representations of sex and belonging in films, television, and legal decisions. She examines a broad range of subjects, from gay men and lesbians, pornographers and hip hop artists, to women selling vibrators, adulterers, and single mothers on welfare. She observes cultural representations ranging from Queer Eye for the Straight Guy to Dr. Phil, Sex in the City to Desperate Housewives. She reviews appellate court cases on sodomy and same-sex marriage, national welfare reform, and obscenity regulation. Finally, the author argues that these representations shape the terms of belonging and governance, producing good (and bad) sexual citizens, based on the degree to which they abide by the codes of privatized and self-disciplined sex.

This book traces attempts of Jewish jurists-nationalists to establish a nonreligious system of Hebrew Courts in British-ruled Palestine. The book analyzes the secular, national and anticolonial ideology of the Hebrew Law of Peace and shows that Jewish religious groups, secular lawyers and leading Zionist institutions undermined the Hebrew Law project. The book explores the reluctance of leading Zionists to allow communities, rather than organized quasi-state institutions, to define the trajectory of Jewish nationalism.

.,."Perez-Perdomo combines scholarship with first-hand knowledge to successfully synthesize for the first time a multitude of national studies on the history of lawyers....This volume constitutes an important academic contribution as well as a fascinating long term perspective into a profession that is crucial for the conduct of modern states and the improvement of justice and the rule of law in Latin America."--Law and Politics Book Review
"Latin American Lawyers" is an important work. It analyzes the role of law and lawyers in more than twenty Latin American countries over several hundred years, building on a vast body of literature that has never before been synthesized. The issues raised in this book are important both for the general history of the region and for an understanding of the several legal professions."--David Trubek, University of Wisconsin-Madison

Mexican Law provides an overview of the Mexican legal system. It sets forth the basic rules and legal doctrines, surveys the key institutions that make and enforce the law in Mexico, and places them in their cultural context. It makes frequent comparisons to United States legal doctrines and institutions, and provides a foundation for understanding the role of law and legal institutions in shaping public and private life in Mexico. The volume surveys both public and private law, and provides examples of the practical application of the law. It discusses the discrepancies that exist between the written law (and the theories that underly it) and its application. Topics covered range from an overview of legal history to specific subjects such as labor law, family law, and constitutional rights. The volume also discusses the development of the Mexican legal system in the context of the dramatic internal political changes of the last two decades, which, coupled with the increased integration of Mexico with the world economy (and especially with that of the United States), have resulted in dramatic changes in the role of law and in the operation of legal institutions. The book discusses changes in the legislature and judiciary, which have assumed greater importance at the expense of executive power, and also surveys new institutions that have been created in an attempt to limit authoritarian control of Mexican society. In this way, it demonstrates how the legal system has been shaped by Mexico's rich history and unique socio-economic circumstances.

"Palgrave Advances in European Union Studies" breaks new ground in offering advanced readers an insight into the state of the art in EU studies. It comprises theoretical and empirical essays which deal with how the European Union has been and continues to be studied, providing an invaluable tool for academics, post-graduate students, and advanced undergraduates who are keen to understand this increasingly diverse field of study.

American Juvenile Justice is a definitive volume for courses on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy toward youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. The book concludes with applications of the core concerns to five specific problem areas in current juvenile justice: teen pregnancy, transfer to criminal court, minority overrepresentation, juvenile gun use, and youth homicide.

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.

This is the second of two volumes written for students preparing for the Professional Diploma in Law examination , covering the four subjects included in the syllabus for Year Two: contract and consumer law, employment law, family law, wills, probate and succession. Each topic area is broken down into numbered sub topics and cross referenced where appropriate, including reference to the Professional Diploma in Law Level 3. The book also contains sample questions and guidance on how to answer them. In addition to satisfying the requirements for the Institute's syllabus, this book will help the student understand how the law works in practice. Frequent references are made to significant cases, which are fully explained. The book also contains examples of statutes and law reports to enable the student to gain familiarity with the primary sources of law. The book has been updated to include all the latest case law and statutes.

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

In the past decades the European Community and, to a lesser extent, the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by the existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union's external treaty-making powers. The study is completed with a number of concrete proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements. The case law referred to in the book has been compiled in a Table of Cases. Furthermore, the book contains a list of selected documents and an extensive bibliography, covering the Community practice from the 1960s up to the present. And last but not least, the accessibility of the book is greatly enhanced by a subject index. This book will be of interest to practitioners in EU Law, International Law and the Law of International Organizations as well as to specialists who work for the Foreign Office in different countries and specialists within International Organizations. Delano Ruben Verwey is an Assistant Professor of the Law of the European Union, Erasmus University Rotterdam, The Netherlands.

This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

Since the mid-1970s, Congress has passed hundreds of overrides-laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes-and court cases interpreting them-often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

The history of German lawyers in private practice from 1878 to 1933 helps answer questions about the inability of German liberalism to withstand National Socialism in 1933. They won free entry and self-government for their profession in 1878, thinking these would lead to civic leadership and expanded liberty, but the changes that were unleashed revealed the limits of professional influence. Exaggerated expectations for the legal profession in public life exposed the limitations of procedural liberalism, with tragic consequences.

The role of contract in early modern Chinese economic life, when acknowledged at all, is usually presented as a minor one. This volume demonstrates that contract actually played a critical role in the everyday structure of many kinds of relationships and transactions; contracts are, moreover, of enormous value to present-day scholars as transcriptions of the fine details of day-to-day economic activity. Offering a new perspective on economic and legal institutions, particularly the closely related institutions of contract and property, in Qing and Republican China, the papers in this volume spell out how these institutions worked in specific social contexts. Drawing on recent research in far-flung archives, the contributors take as givens both the embeddedness of contract in Chinese social and economic discourse and its role in the spread of commodification. Two papers deal with broad issues: Zelin's argues for a distinctively Chinese heritage of strong property rights, and Ocko's examines the usefulness of American legal scholarship as a comparative analytic framework.

Winner of the Hart/Socio-Legal Studies Association Book Prize for Early Career Academics, 2005. This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction. It does so by focusing on changes in the legal profession after 1991. Intriguingly, the book, which is based on extensive field-work, concludes that culture and informal regulation are key to understanding how Georgian lawyers are governed, or rather govern themselves. Indeed, for several years after independence from the Soviet Union there was no functioning law on attorneys; informal regulation, based on the importance of reputation and networks, was the only sort of regulation. Other topics addressed in the book include Georgia's legal history, its current human rights situation, theories of professionalization, and the link between law and development. The book also compares the Georgian experience to that country's South Caucasian neighbors - Armenia and Azerbaijan - thus rounding the book out as a regional study.

A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases. This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.