This major new study examines the use of political trials by the apartheid regime in South Africa against its opponents in the 1970s, the decade when the ideology of apartheid was reaching its apogee. After tracing the early history of the South African Students Organization and the Black People's Convention, it shows how the state reacted to the threat posed by the black consciousness movement by launching a major trial of ideas, using the notorious Terrorism Act. It examines how, at the same time, the authorities sought to crack down on white dissent by prosecuting the leaders of the National Union of South African Students. By making a detailed study of trial transcripts in addition to other materials, it explores how the state sought to infiltrate and crush nascent ANC and PAC structures which were reemerging in the mid 1970s within South Africa. It shows how the prosecution policy and legal strategy of the state changed during the decade as the nature of the threats it faced altered, culminating in the trial of the leaders of the Soweto Students Representative Council in 1979 for sedition. Arguing that the political trial was perhaps the only venue where white ideology had to engage directly with black protest, this original and thought-provoking account demonstrates how the trials became platforms competing views of society and politics which give a unique insight into the conflict between the political ideals held by blacks and whites in this era. It also reveals how large a part politics played in securing the conviction of many dissidents, and the extent to which events beyond the courtroom affected the detention and torture of many activists.

Geldart' has over the years established itself as a standard account of English law, expounding the body of the modern law as set in its historical context. Regularly updated since its first publication, it remains indispensable to student and layman alike as a concise, reliable guide. Since publication of the tenth edition in 1991 there have been considerable developments in English law. Sir David Yardley has taken these developments into account, and substantially rewritten several parts of the book. Particular issues of the past four years include the Royal Commission on Criminal Justice, alterations to the law of manslaughter, and the new twists in laws concerning children, intellectual property, and contract and leasehold reforms. This book is intended for first-year undergraduate students following law courses.

The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

Completely up-to-date, this new edition provides a comprehensive analysis of the contemporary approach of English courts to the interpretation of statutes. This edition also explores the increasing importance of developments in European law, both in EC law and its implementation in domestic law and the impact of the European Convention on Human Rights.

Through detailed readings of popular science fiction, including the novels of Frank Herbert and Octavia E. Butler and television's Battlestar Galactica and Doctor Who, this is the first sustained examination of legality in science fiction. Kieran Tranter includes substantive worked examples of the law and legal concepts projected by these science fiction texts, such as Australian car culture, legal responses to cloning and the relationship between legal theory and science fiction. By examining science fiction as the culture of our total technological world, it journeys with the partially-consumed human into the belly of the machine. What it finds is unexpected. Rather than a cold uniformity of exchangeable productive units, there is warmth, diversity and 'life' for the nodes in the networks. Through its science fiction focus it argues that this life generates a very different law of responsibility that can guide living well in technical legality.

At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years.
Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader.
In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity.
Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience.
Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.

A systematic survey which sets out to reshape our understanding of the legal system of democratic Athens. It deals extensively with subjects such as slavery, inheritance, maritime trade, and patterns of land-holding. The author draws primarily on the hundred or so surviving law-court speeches of the Attic orators, but also uses Athenian comedy, public inscriptions, and various historical and philosophical texts. Technical and legal terms, ancient and modern, are explained in a comprehensive glossary.

The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first 4 seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. Anyone interested in the future of the law of restitution, the common law, judicial review, and the law relating to children will find these essays essential reading. Contributors: Charles Harpum, Sir Leonard Hoffman, Peter Birks, William Swadling, Sir Peter Millett, John Birds, W. R. Cornish, Sir Patrick Neill, Martin Loughlin, D. J. Galligan, Peter Cane, Andrew Bainham, Sheriff David Kelbie, J. M. Thomson, Stephen Cretney

The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.

Whether in a modern legal case or a Hollywood courtroom drama, the successful practice of law rests heavily on incisive, pithy, and often witty language.

This collection of more than 3,000 thematically arranged quotations includes pronouncements from leading judges and legal commentators, as well as hundreds of quotations from literature, the movies, and popular song. Here Oliver Wendell Holmes, Clarence Darrow, and Abraham Lincoln share the pages with Mark Twain, Will Rogers, Kurt Vonnegut, Woody Allen, and Bob Dylan.

The most scholarly and complete reference work of its kind, it also includes extensive author and keyword indexes, and is a must for lawyers, students, and anyone interested in the legal system.

In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of `heathens' and `infidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of `savage' and `barbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.

In a Time of Trouble examines the intersection between law and emergency power in South Africa, through a detailed study of the performance of South Africa's Appellate Division during the state of emergency. As such, the book is important both to those who seek to understand apartheid South Africa and to those who seek to shape the South Africa of the future. But the book has a significance much beyond South Africa as well, for the tense and difficult intersection between law and emergency power is an inadequately studied and acutely significant issue in many countries around the world. The book begins by sketching the stunning apparatus of internal security statutes in South Africa, and then demonstrates that in the midst of this statutory leviathan there persists a body of doctrines of statutory interpretation which give the courts substantial capacity to mitigate the worst excesses of the legislators' designs. Nevertheless, during much of the state of emergency (which began in 1985 and continued, with one brief pause, until 1990), in a series of decisions dominated by Chief Justice, later Acting Chief Justice, Rabie and a small group of other judges (labelled the "emergency team"), the Appellate Division repeatedly and grimly vindicated emergency powers. Although there were occasional exceptions to this pattern, the overall picture was bleak indeed. Yet as other nations' experience attests, the Rabie court's decisions could have been worse, and Professor Ellmann suggests that they actually reveal the continuing, though sadly limited, impact of a genuine adherence to law. Moreover, since the retirement of Chief Justice Rabie and the appointment of the present Chief Justice, MichaelCorbett, the court's decisions have come to display a marked and explicit concern about the effect of emergency power on human rights. These cases, Ellmann argues, reflect a human rights tradition, long a part of South African legal culture but largely denied a voice in the Rabie cases--a tradition paradoxically nurtured by the elite independence of the South African legal profession. Law, this study teaches, is no guarantee of liberty. But there are no guarantees. Law and legal traditions can help slow the march of oppression, and can help encourage the protection of human rights. Understanding the real, though limited, capacity of the law helps us, finally, to understand and to applaud the efforts of lawyers and clients in South Africa, and in so many other countries, to use the law as a remedy against the injustice of the law itself.

This is a detailed study of the most powerful and prosperous professional group in early modern England. The half century before the calling of the Long Parliament in 1640 saw the bar undergo rapid growth and profound structural change. Wilfrid Prest's scholarly history examines the effects of these changes on the barrister's working life and explores the participation of barristers in the cultural, social, and political life of Elizabethan and early Stuart England.

With the increasing availability of electronic services, security and a reliable means by which identity is verified is essential. Written by Norberto Andrade the first chapter of this book provides an overview of the main legal and regulatory aspects regarding electronic identity in Europe and assesses the importance of electronic identity for administration (public), business (private) and, above all, citizens. It also highlights the role of eID as a key enabler of the economy. In the second chapter Lisha Chen-Wilson, David Argles, Michele Schiano di Zenise and Gary Wills discuss the user-centric eCertificate system aimed at supporting the eID system. Electronic Identity is essential reading for researchers, lawyers, policy makers, technologists and anyone wishing to understand the challenges of a pan-European eID.

This edition contains more words than its predecessors, especially words from the commercial sphere. It follows a new style, namely to group derivations under the leading word instead of treating them as separate entries. There appear after the main word, in bold print and alphabetically, the suffixes to the main word with translations. Concessions have again been made to anglicisms for the sake of clarity of meaning.

Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

Prior to the start of the twenty-first century, laws were made for Wales by the Parliament at Westminster. Devolution, and the creation of the National Assembly, has given Wales another legislature that does not replace the UK Parliament but shares in its law-making activity regarding certain subjects. This book considers how legislation is made for Wales; its primary focus is law-making by the National Assembly and the Welsh Government, but the role of Westminster and Whitehall is also observed. The purpose of this volume is to raise a critical awareness of what is involved in sound law-making - it is intended not only for those who prepare and make legislation within the institutions of government, but equally also for the citizens whose lives are affected by that legislation, and who have an interest in the quality of the laws that govern them and the society in which they live. This is the first such work to consider these issues from a Welsh perspective.

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.

How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law -- the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases -- from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words.

Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of "De Donis" did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.

From the Salem witchcraft trials of the 1690s to the Rodney King and O. J. Simpson trials of the 1990s, highly publicized court cases have both disclosed and shaped changes in American society. In this volume, Michael Grossberg examines the d'Hauteville child custody battle of 1840 to explore some timebound and timeless features of American legal culture. He recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the "shadow of the law". Their bitter custody fight over their two-year-old son forced the pair to confront contradictions between their own ideas about justice and the realities of the law, as well as to endure the transformation of their domestic unhappiness into a public legal event with lawyers, judges, newspaper reporters, and a popular following. The d'Hautevilles' multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of parents and spouses. 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.

Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES

The importance of the Law of Treasure is largely the result of the spectacular growth in the activity of metal detecting which, starting in the 1960's, has grown so much in popularity that it now brings to our knowledge each year more than a thousand objects of historical, cultural or archaeological interest. The nature and volume of these finds has in turn led to a greater public concern to ensure that measures exist which will be conducive to the retention and effective preservation of the more important of those objects. It is, of course, essential that facilities exist for the physical examination and conservation of finds and that those facilities should be accessible and adequate. But the law has an important part to play in this process by ensuring that finds of substantial value or importance should be preserved for the nation and made available to the public in museums. For many hundreds of years, the Law of Treasure was the common law of treasure trove. Today it is essentially based on the Treasure Act 1996. Although the Act is a great improvement on the common law it is nevertheless not always rational and the meaning of some of its provisions is sometimes obscure. This book aims to provide a reliable guide to the Law of Treasure in England, Wales and Northern Ireland and also to explain the role played by legal institutions, such as the Coroner, in that process. This book will be of interest to archaeologists, museums, coroner's offices, finds liaison officers, farmers and landlords' associations. It will also be of interest and utility to metal detectorists since, in addition to explaining what objects are considered to be treasure by the law, it explains the legal restrictions on searching for artefacts, the duty to report finds of treasure and the structure of the valuation process and rewards.