Mrs van der Sprenkel was led to undertake this journey by her experiences while living in China. lt is a detailed sociological analysis of the whole complex of legal and quasi-legal institutions during the Manchu period. Using a wide range of source material, Mrs van der Sprenkel discusses both the concepts underlying and the actual working of government and administration in Manchu China, the nature of the law, judicial procedure, and, finally, the effectiveness of the law in supporting social order.

Eike von Repgow, a freeman of Rettichau near Aken on the Elbe, was in his time an advisor to the rulers of Thuringia, Brandenburg, Upper and Lower Saxony. In the early 13th century he set down the "Sachsenspiegel", thus creating a record of one of the oldest German legal codices, that was of immense impact on the Middle Ages. He aimed to collect a complete oral tradition of law in his mother land, Saxony, for any person studying this period of history. The writer presents the administration of the then law in two parts, Rural and Feudal. Testimonies on the impact and reception of the "Sachsenspiegel" are four comparatively complete "Codices Picturati", manuscripts with sequences of illustrations that explain or enlighten generally the practice of law in that period. The latest of these four documents is the "Wolfenbuettler Bilderhandschrift" and dates fom 1348 and 1362-71. It depicts the spiritual and material aspects of mediaeval life - political, legal, economic and social - as well as the real values of everyday life, such as tools and implements, clothing and weaponry, animal husbandry, agriculture and architecture. This commentary accompanies the first facsimile edition of the illuminated manuscript from the Herzog August Bibliothek. This publication aims to serve the scientific discussions of the relationship of text and illustrations, of oral and written tradition, of everyday life and thought in the Middle Ages. Also available is a three-volume set with the facsimile edition, modern German text and the commentary.

Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that lawyers crave. Both the bench and the bar continually look to science to rescue them from the discomfort of difficult legal decisions, and are frequently disappointed with the results.
ications of taking a vigorously democratic approach to While most authors frame problems at the intersection of law and science in terms of how rapidly scientific information changes and how frequently the legal system distorts science, this book argues that problems at the intersection of law and science flow not from the changing nature of science, but from the changing nature of law. With this in mind, the book uses examples from doctrines related to abortion, gene patenting, copyright, environmental regulation, antitrust law, the insanity defense, and other doctrines to explore the nature of law and to suggest approaches for making science work more effectively within the domain of law.

In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People's Republic of China.

In "Moby-Dick," Ishmael declares, "Be it known that, waiving all argument, I take the good old fashioned ground that a whale is a fish, and call upon holy Jonah to back me." Few readers today know just how much argument Ishmael is waiving aside. In fact, Melville's antihero here takes sides in one of the great controversies of the early nineteenth century--one that ultimately had to be resolved in the courts of New York City. In "Trying Leviathan," D. Graham Burnett recovers the strange story of Maurice v. Judd, an 1818 trial that pitted the new sciences of taxonomy against the then-popular--and biblically sanctioned--view that the whale was a fish. The immediate dispute was mundane: whether whale oil was fish oil and therefore subject to state inspection. But the trial fueled a sensational public debate in which nothing less than the order of nature--and how we know it--was at stake. Burnett vividly recreates the trial, during which a parade of experts--pea-coated whalemen, pompous philosophers, Jacobin lawyers--took the witness stand, brandishing books, drawings, and anatomical reports, and telling tall tales from whaling voyages. Falling in the middle of the century between Linnaeus and Darwin, the trial dramatized a revolutionary period that saw radical transformations in the understanding of the natural world. Out went comfortable biblical categories, and in came new sorting methods based on the minutiae of interior anatomy--and louche details about the sexual behaviors of God's creatures.

When leviathan breached in New York in 1818, this strange beast churned both the natural and social orders--and not everyone would survive.

The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims.

Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants.

Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. - Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event.- Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant.- Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms.- Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined.- Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense.- A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity.

This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.

The manual commentary depicts the whole law governing tenancy systematically, reliably and in an up-to-date fashion. The administration of justice and literature up to June 2003 are dealt with. The focal point of the commentary lies on residential accommodation tenancy, but also the lease of commercial spaces, premises and other properties are taken into consideration.

Governments and institutions, perhaps even more than markets, determine who gets what in our society. They make the crucial choices about who pays the taxes, who gets into college, who gets medical care, who gets drafted, where the hazardous waste dump is sited, and how much we pay for public services. Debate about these issues inevitably centers on the question of whether the solution is "fair." In this book, H. Peyton Young offers a systematic explanation of what we mean by fairness in distributing public resources and burdens, and applies the theory to actual cases.

" Fred M. Vinson, the thirteenth Chief Justice of the United States, started his political career as a small-town Kentucky lawyer and rose to positions of power in all three branches of federal government. Born in Louisa, Kentucky, Vinson earned undergraduate and law degrees from Centre College in Danville. He served 12 years in the U.S. House of Representatives, where he achieved acclaim as a tax and fiscal expert. President Roosevelt appointed him to the U.S. Circuit Court of Appeals for the District of Columbia and later named him to key executive-branch positions. President Truman appointed him Secretary of the Treasury and then Chief Justice. The Vinson court was embroiled in critical issues affecting racial discrimination and individual rights during the cold war. Chief Justice Fred M. Vinson of Kentucky: A Political Biography offers a wealth of insight into one of the most significant and highly regarded political figures to emerge from Kentucky.

This book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.

International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.

This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.

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 walker's guide to London's unique Inns of Court gives just the right amount of information to encourage the visitor to look more closely at these ancient centres of tranquillity and charm. Several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to the present four: Gray's Inn, Lincoln's Inn, The Inner Temple and The Middle Temple. Lincoln's Inn is able to trace its official records to 1422. However, by tradition, none of the Inns claims to be the oldest of the four. The Inns are near the western boundary of the City of London; nearby are the Royal Courts of Justice. Each Inn is a substantial complex usually with a great hall, chapel or church, libraries, gardens, sets of chambers for many hundreds of barristers covering several acres. The layout is similar to that of an 'Oxbridge' college. The 'chambers' were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The four inns are close to one another in central London. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two inns neighbour each other and occupy the core of the Temple area. Gray's Inn and Lincoln's Inn are also near the boundary with the City of London. Tim Daniel's popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Tim's lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.

In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

For some time it has become clear that traditional methods of solving site disputes are breaking down and recourse to the courts is becoming standard practice. 1991 was the year the ADR - alternative disputes resolution - was brought to the attention of the construction industry in an attempt to reduce the amount of litigation and arbitration that bedevils it. This book brings together over 40 expert papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered: Alternative Dispute Resolution (ADR); conflict management; claims procedures; litigation and arbitration; international construction; education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors this book represents a multi-disciplinary body of knowledge on construction conflict and seeks to provide a unique source of reference for both legal and construction professionals.

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.

Exploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series. The close links between the Scots and English law in the Middle Ages have long been recognised. This text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.

The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of "Europeanised research on Union law". Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Despite growing scholarly interest in the EU's flagship policy towards its Eastern and Southern neighbours, serious attempts at theory-building on the European Neighbourhood Policy (ENP) have been largely absent from the academic debate. This book aims at contributing to fill this research gap in a three-fold manner: first and foremost it aims at theorizing the ENP as such, explaining the origins, development and effectiveness of this policy. Building on this effort, it also pursues the broader objective of addressing certain shortcomings in EU external relations theory, and even beyond, in International Relations theory. Finally, it aspires to provide new insights for European policy-makers. It is one of the first volumes to provide different theoretical perspectives on the ENP by revisiting and building bridges between mainstream and critical theories, stimulating academic and policy debates and thus setting a novel, less EU-centric research agenda. This text will be of key interest to scholars, students and practitioners in EU external relations, EU foreign policy, the European Neighbourhood Policy, and more broadly in European Union Politics and International Relations.

AFRIKAANS – ware lewensketse van gebeure met gewone mense wat noodgedwonge in die regswêreld van prokureurs en howe beland. Treffend vertel deur ‘n ervare en ingeligte prokureur.
DIE REG EN WETTE – is op almal se lippe, veral ná die hofsaak van Oscar Pretorius en die Konstitusionele Hofuitspraak oor Nkandla.
RAAK HUMOR – ironiese en humoristiese, dog skreeusnaakse insidente van gebeure met gewone en soms stukkende mense.
Die SKRYWER – ’n ervare prokureur wat betrokke is by nasionale Grondreg- wetgewings. Sy loopbaan word gekenmerk deur sy passie vir die behoeftiges en mense in nood.
WARE STORIES – in en om die Hof, wat die volle spektrum van die reg dek – mense se eerlike foute en ander se oneerlike sette om die Hof te probeer bewimpel.
BELEEF – agter die kostelike stories die skerp denke van ’n mentor wat die leser saamneem en kritieke regsbegrippe leer begryp.

Dollars Eventualis is lekkerlees-stories vir mense van alle soorte, van 18-81 jaar:

• Kostelike leesstof vir dié wat die wet ken.
• Kragtige leesstof vir dié wat in die wet belangstel.
• Kosbare leesstof vir dié wat die wet nodig het.