European Union Law in a Global Context is a comprehensive introduction to European law in its international context. Trevor Hartley provides an explanation of the basic principles of each topic covered. He examines the institutions of the EU and the law-making process; the European Court and international adjudication; EU law (and international law) in national courts; human rights, especially under EU law and the ECHR; the international relations of the EU; remedies under EU law; and the elements of the free movement of goods, persons and services. The coverage of the practical application of EU law in British courts will meet the requirements of those intending to become practitioners, and the inclusion of extracts from leading cases, as well as from the EC treaties and other instruments, ensures that everything the reader will need is contained in a single volume.

A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.

Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner's theory steers between political theorists' concept of deliberative democracy on the left and economists' public-choice theory on the right. It makes a significant contribution to the theory of democracy--and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.

An increasing number of countries develop capabilities for cyber-espionage and sabotage. The sheer number of reported network compromises suggests that some of these countries view cyber-means as integral and well-established elements of their strategical toolbox. At the same time the relevance of such attacks for society and politics is also increasing. Digital means were used to influence the US presidential election in 2016, repeatedly led to power outages in Ukraine, and caused economic losses of hundreds of millions of dollars with a malfunctioning ransomware. In all these cases the question who was behind the attacks is not only relevant from a legal perspective, but also has a political and social dimension. Attribution is the process of tracking and identifying the actors behind these cyber-attacks. Often it is considered an art, not a science. This book systematically analyses how hackers operate, which mistakes they make, and which traces they leave behind. Using examples from real cases the author explains the analytic methods used to ascertain the origin of Advanced Persistent Threats.

This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China's economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China's economic development, political change, and China's interaction with the international community. The book explores the development of the Chinese legal system from both China's historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China's economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.

This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.

Die Durchsetzung" hat sich im Recht des geistigen Eigentums zu einem ebenso zentralen wie vielschichtigen Begriff entwickelt. Der Sammelband beleuchtet die unterschiedlichen Aspekte des Begriffs, analysiert Entwicklungstendenzen, diskutiert gel ste und ungel ste Fragen des geltenden Rechts und zeigt rechtspolitische Perspektiven auf.

This volume examines the impact of women's movements on the policy making processes determining abortion laws. It comprises the results of a cross-national research project on abortion politics in 11 democratic states between the 1960s and 2000. The authors have developed a comprehensive research design to examine whether or not women's policy agencies (institutional machineries intended to improve the status of women) have functioned as necessary and effective allies of women's movements in their efforts to gain access to power arenas and secure abortion laws that coincide with feminist goals The impact of women's movements is assessed in terms of their success in increasing the democratic representation of women generally and movement organizations specifically. The findings constitute a rigorous application of comparative methodology to assess explanations from social movement and democratic theory pertaining to variations in state feminism and movement success The book aims to show the extent to which states, through establishment of women's policy agencies, have assisted, opposed, or ignored the demands of movement activists for access to power and for feminist abortion poli

Violence has become a part of daily life in Israel and the Occupied Territories since the latest intifada began on 29 September 2000. More than 570 Palestinians, including 150 children, have been killed by Israeli security forces. More than 150 Israelis, including 30 children, have been killed by Palestinian groups and individuals. Israeli forces have killed Palestinians unlawfully by shooting them during demonstrations and at checkpoints although lives were not in danger. They have shelled residential areas and committed extrajudcial executions. Palestinian armed groups and individuals have deliberately killed Israeli civilians by placing bombs in crowded places and in drive-by shootings.Amnesty International has repeatedly called on Israeli authorities to abide by international human rights standards and urged the Palestinian Authority and armed groups to act in accordance with humanitarian law. It has also called on the international community to take action necessary to ensure respect for human rights in the region.

Presents a collection of the most influential essays on legal history from the career of John W Cairns. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession. The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate.

The second volume in a collection of the most influential essays on legal history from the career of John W Cairns. Enlightenment, Legal Education and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophical traditions within law. Both volumes collect together and reprint a selection of some of the many articles and essays published by Professor John W Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. First volumes to collect in one place the legal thinking of John W Cairns; Volumes 11 and 12 of the respected Edinburgh Studies in Law series and key essays on Scots law, Roman law and the Enlightenment.

This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights - on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law - the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

This book is about enforcing privacy and data protection. It demonstrates different approaches - regulatory, legal and technological - to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear - it is a theme that runs throughout this book - "carrots" and "soft law" need to be backed up by "sticks" and "hard law". The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher - share their views in the one and only book on Enforcing Privacy.

This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.

The ins and outs of law in the nonprofit sector--made easy!
Written by renowned author Bruce R. Hopkins, Nonprofit Law Made Easy is a must-read guide for executives, board members, officers, accountants, fundraisers, and others who handle legal issues that affect the way nonprofit organizations are formed and operated.
Nonprofit Law Made Easy presents in-depth discussions on such hot topics as acquiring and maintaining tax-exempt status, reporting requirements, charitable giving, disclosure requirements, unrelated business activities, fundraising, corporate governance principles, and board member liability. It also includes crucial information on avoiding nonprofit law traps and navigating governance and liability issues.
Packed with practical tips and hard-to-find, authoritative advice, Nonprofit Law Made Easy demystifies complex legal issues with plain-language explanations of laws and regulations for non-legal professionals.

From the roots of a law that applied to all subjects of the Scottish King to the Union with England, this new legal history textbook explores the genesis, evolution and enduring influence of early Scots law. Discover how and why Scots law come into being, how was it used in dispute resolution during the medieval and early modern periods and how its authority developed over the centuries.

As Western Europe expanded its empires in the sixteenth and seventeenth centuries, it came to dominate many peoples, especially in America, whose cultures and legal systems differed dramatically from its own. The resulting conflicts of both law and custom posed difficult problems: How could these conflicting laws and customs be adjusted within a common political administration? And, in particular, how could legal remedy be provided for groups of lesser political weight? Woodrow Borah vividly depicts one of the more unusual institutions that arose in response to these problems-the General Indian Court of New Spain. In what is today Mexico, the conquering Spaniards had at first attempted to preserve such Indian customs as were deemed not contrary to reason or Christianity. However, as interpreted by Spanish judges, so much turned out to be "contrary" to these standards that native customs were soon recast in largely Spanish norms. At the same time, the conquered Indians discovered the uses of the Spanish courts, unleashing a flood of litigation. The ensuing social and economic upheaval sparked great concern among Spanish administrators and jurists. The result was the establishment of the General Indian Court, a remarkably innovative special jurisdiction vested in the viceroy and corps of legal aides. Expenses were paid from a small contribution by each Indian family-in effect, legal insurance. Woodrow Borah analyzes the kinds of cases that came before this court, the decisions it reached, and the policies underlying these decisions. He enriches this study by examining the separate but parallel structures in the Yucatan peninsula and on the seigneurial estate of Hernan Cortes, and by comparing the General Indian Court to the tribunals of Guadalajara, which had no similar special arrangements. The development of the General Indian Court and the relation of the legal aides to their Indian clients and to other lawyers form a complicated story of both service and exploitation and contribute an important chapter to the history of colonial Mexico. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1983.

Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole.

Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare.

Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.

Our understanding of the law and its potential for reforming social and political norms was dramatically reshaped in the 1980s by the intellectual movement known as feminist legal theory. What makes this new theory so important is the far-reaching challenge it poses to the assumptions embedded in traditional legal doctrine and method as well as the light it sheds on how these assumptions so consistently undercut efforts toward fundamental gender change. Feminist legal theory also suggests how feminist practice might move toward strategies capable of fostering more effective reform.In a carefully balanced and thoughtfully edited collection of classic and new, cutting-edge papers, Katharine Bartlett and Rosanne Kennedy present some of the most provocative and diverse work in this exciting field. The selections reveal the influences of feminist work in philosophy, psychoanalysis, political theory, and literary criticism, among other fields. These disciplines have enriched legal theory and provided feminist scholars with more and sharper tools, and the results, as evidenced in this volume, are impressive and encouraging. They are also sobering, in that they force the realization that there is much theoretical and practical work yet to be done, under constraints we are only beginning to fully comprehend.For students of the law, for anyone interested in women's issues, for experienced scholars, and for newcomers, "Feminist Legal Theory" is not just essential reading but an enduring reference work.

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.

Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

Today, the debate over reparations--whether African-Americans should be compensated for decades of racial subjugation--stands as the most racially divisive issue in American politics. In this short, definitive work, Alfred L. Brophy, a leading expert on racial violence, traces the reparations issue from the 1820s to the present in order to assess the arguments on both sides of the current debate. Taking us inside litigation and legislatures past and present; examining failed and successful lawsuits; and exploring reparations actions by legislatures, newspapers, schools, businesses, and truth commissions, this book offers a valuable historical and legal perspective for reparations advocates and critics alike.
"A book about reparations and its contentious qualities that is a must-read for all. If you want to know the essence of the debate, this book is for you."
--Charles K. Ogletree, Jr., Harvard Law School

The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailed in their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.