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.

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 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.

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.

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.

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.

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

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

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.

What will it take to restore American democracy and rescue it from this moment of crisis? Civic Power argues that the current threat to US democracy is rooted not just in the outcome of the 2016 election, but in deeper, systemic forms of inequality that concentrate economic and political power in the hands of the few at the expense of the many. Drawing on historical and social science research and case studies of contemporary democratic innovations across the country, Civic Power calls for a broader approach to democracy reform focused on meaningfully redistributing power to citizens. It advocates for both reviving grassroots civil society and novel approaches to governance, policymaking, civic technology, and institutional design - aimed at dismantling structural disparities to build a more inclusive, empowered, bottom-up democracy, where communities and people have greater voice, power, and agency.

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

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.

Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.

How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.

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. Lawyers connect the procedural focus of legal thinking with procedural notions of individual liberties. In Germany they won free entry and self-government for their profession in 1878, thinking that these changes would lead to civic leadership and expanded liberty, but the forces that were unleashed revealed internal tensions and the limits of professional influence. Exaggerated expectations for the legal profession in public life exposed the limitations of procedural liberalism, with tragic consequences for Germany.

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.

This 2005 book raises the profile of socio-political questions about the global technology and information market. It is a close study of communication flows, networks, nodes, biopolitics and the fragmentations of power. It brings to life the role played by personalities, corporate interactions, industry compromises and the regulatory incompetencies, affecting the technological world we all live in. US technology powers the internet and disseminates American culture on an unprecedented scale. Assessing this power requires an analysis of the diffuse ways that US practice, policy and law dominates, and a consideration of how influence is negotiated and resisted locally. This involves a discussion about how ideas about trade and innovation circulate; of the social power of engineers that establish conventions and protocols; of the reach of Leviathan corporations; and questions about global marketing and consumer tastes. For readers interested in intellectual property law, information technology, cultural studies, globalisation and mass communications.