The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory.

Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. 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 1990.

What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the fundamental principles of the EU? The first part of the collection explores the EU's approach to the regulation of scientific and technological risk, and the link between the regulation of technology and the internal market. In detail, the chapters analyse the interaction between EU law, bioethics and medical and health technologies. The second part of the collection enhances on this, and the chapters scrutinize specific policy areas in order to explain the alternate ways in which EU policy and technology cooperate.

Die Frage nach der Privatautonomie und ihren Grenzen spielt seit jeher eine bedeutende Rolle in den nationalen Vertrags- und Privatrechten. Auf europaischer Ebene dominieren Regeln, die zwar die Informationenpreisgabe zwingend vorschreiben, die Bestimmung des Vertragsinhalts dann jedoch wieder den Parteien uberantworten. Dieses Grundsatzthema uber Geist und Funktionieren des Binnenmarktes, mit dem nach einer moeglichst weitgehenden Erhaltung von Freiheit bei gleichzeitiger Verburgung der notwendigen Schutzziele gefragt ist, ist Gegenstand des vorliegenden Bandes. Es wird hier von Rechtswissenschaftlern und OEkonomen aus verschiedenen Mitgliedstaaten und den U.S.A. eroertert. Zentraler Betrachtungsgegenstand ist die Informationsregel und ihre Ausgestaltung. Insgesamt vereint der Band zweierlei, zum einen die Grundsatzdiskussion - rechtswissenschaftlich, europarechtlich und oekonomisch - zum Regelungsansatz im Recht des Binnenmarkthandels und zum wichtigsten Instrument, der Informationsregel mit ihrer freiheitserhaltenden Grundausrichtung. Andererseits bietet er eine dogmatische Aufbereitung wesentlicher Teile des Rechts des Binnenmarkthandels, des Europaischen Schuldvertragsrechts.

This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts' judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Contents include: Preface Abbreviations Weights and Measures Part One: Introduction Chapter I: Background Chapter II: General Prniciples of The T'ang Code Chapter III: The Text of the T'ang Code Part Two: The T'ang Code: General Principles, Chapters I-VI Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Appendix Glossary Bibliography Index Originally published in 1979. 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.

Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

For any reader needing a concise yet expert explanation of a subject in law, the New Oxford Companion to Law is the ideal reference work. Providing greater depth than can be found in legal dictionaries but always accessible to the non-specialist, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.
The Companion draws upon the expertise of over 700 scholars and practitioners, offering the widest possible range of perspectives on legal topics. Consisting in over 1700 alphabetically-arranged entries, the Companion features:
The fundamentals of all the major areas of law such as criminal law, tax and social security law, human rights law, family and employment law, education law, sports law, international and EU law
The role and workings of legal institutions such as parliaments, courts, law schools, and international bodies such as the EU and the UN
Leading cases, famous trials and distinguished lawyers, past and present
Major events in legal history and major debates in legal theory
Twenty pages of rich illustrations, bringing the content to life
The Companion will appeal to the interested citizen, students applying for law courses at university, law students, and also to advanced readers who are already familiar with the law who will enjoy reading the engagingly written accounts of areas that they know as well as many that they don't.

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. The book is a timely contribution as it appears at a time when the effects of monetary unification on the one hand and the Financial Sector Action Plan on the other are beginning to shape a new pan European financial market.
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.

In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits.

Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right.

As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.

Lord Goff of Chieveley retired as Senior Law Lord on 1st September 1998. This collection of essays was specially commissioned to mark his Lordship's contribution to legal scholarship, not just from the bench, but as a teacher of law and as the co-author of a textbook on the Law of Restitution.Although a number of the essays naturally focus on unjust enric hment, Lord Goff's interests range far beyond that subject. Hence, there are contributions on criminal law, comparative law, contract, tort and private international law. The volume takes the opportunity to bring to a wider audience Lord Goff's influential 1983 Macabaean Lecture.

"Nonprofit Law for Religious Organizations: Essential Questions & Answers" is a hands-on guide to the most pertinent and critical legal issues facing those who lead and manage religious tax-exempt organizations with an emphasis on tax, employment, property and constitutional law. This timely book is a response to the need for guidance, direction, and clarification of legal and tax laws affecting churches and other religious organizations.

The concept of compliance is central to government attempts to regulate economic activities. In this volume Hutter investigates the notion of compliance in two areas of vital importance to our everyday lives, namely occupational health and safety, and the environment. Hutter provides a snapshot view of the work of field-level inspectors and in doing so is able to provide insights into the broader factors which influence regulation and its definition at the everyday level, adding to our understanding of an ill-defined area of criminal law and social control.

In the last twenty years the legal profession has seen dramatic changes. Law firms, large or small, have had to manage through these changes. Some firms have been more successful than others, but on the whole the profession has emerged leaner and fitter. Making Sense of Law Firms is the first book to take a systematic look at the strategy, structure and ownership of law firms and, as such, it brings a unique approach to law firm management. The book describes the changing legal environment, explores the strategic choices for the firm and describes the proper application of appropriate business principles to law firms. The book is split into eight parts: Law firms as a Response to the Environment The Theory of the Law Firm Law Firms as Business Organisations Law Firms as Client-Driven Organisations Law Firms as Social Organisations Law Firms as Economic Organisations Ownership of Law Firms The Way Ahead.

How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.

This second edition of Tony Honore's controversial book analyzes some 2,609 legal rulings (rescripts) given by Roman Emperors between 193 and 305 AD, and argues that, though issued in the name of emperors, they were really both in style and substance the work of professional lawyers. From their style Honore is able to detect when one lawyer-draftsman gave way to another, and to identify some of the lawyers and allot most of the rescripts to the true author. On this basis he argues that in the third century there was a convention that the rights of citizens would be governed by objective legal standards. The Roman Empire was not in fact a pure autocracy. Extensively updated and edited, this edition includes on a high-density diskette a reconstruction (Palingenesia) of the 2,609 rescripts. This new and original work of reference will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.

This book is concerned with the efforts being made to complete the internal market in the EC and the relationship between the regulation of the internal market and international (external) trade with EC states. As such it ranges broadly across a wide range of laws affecting financial services, telecommunications, goods, and services, intellectual property, agricultural products and transport.

Although the most characteristic of legal skills, representing clients in courts and tribunals is a skill which until recently was not taught. It was picked up by watching others and trying out one's own fears with little, if any, feedback. This book aims to change all that. There are no war stories and no solecisms. The work of advocacy is clearly divided into its constituent parts and each elements is covered in terms of both approach and content. The book is both a reading book and a course book and examples and exercises are given throughout. The approach is to build upon the new advocate's existing skills rather than mimicking an imagined ideal. It is also intended to be fun to read.

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact.
In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

Lord Wilberforce is one of Britain's most respected and distinguished judges. He became a QC in 1954, a Judge of the High Court (Chancery Division) in 1961 and a Lord of Appeal in Ordinary in 1964, finally retiring from the judiciary in 1982. He was President of the International Law Association for twenty-five years and is currently its Patron. He has been involved with many judicial and non-judicial activities, including spells as a visiting Fellow of Linacre and Wolfson Colleges in Oxford. He is High Steward of the University of Oxford, and a fellow of All Souls College. To most lawyers Lord Wilberforce will be known for the clarity and extreme breadth of knowledge displayed in his judgements over the years. He is a gifted scholar who has contributed in innumerable ways to the growth and development of English law. As a commercial lawyer his work is well known, but he has played a part in recent developments in administrative law and not least in international commercial arbitration. The festschriften in this book include contributions from distinguished lawyers from around the world, including Lord Hailsham, Judge Elias, Sir Robert Jennings, Professor Goedhuis, Judge Eero Manner, Professor Nicholas Matte, Professor G.H. Treitel, Professor D.G.T. Williams, Dr F.A. Mann, President Nagendra Singh, Lord Justice Kerr, Lord Justice Mustill, N.P.M. Elles, and Professor C.J. Olmstead.

Critical legal information for enhancing and expanding the activities of charitable fund-raisers

As the competition for gifts grows increasingly intense, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return. Written by the leading legal authority on tax-exempt organizations, this book provides an accessible approach to understanding the various laws and offers solutions to enhance an organization’s wealth and effectiveness. Bruce Hopkins clearly explains to fund-raisers the pertinent aspects of the law, enabling them to dramatically increase funding without legal missteps. He also thoroughly details the steps needed to solve the fund-raiser’s most pressing legal headaches, including maintenance of tax exemption and public charity status, planned giving, charitable giving rules, unrelated business activities, fund-raiser’s compensation, state regulations, and much more.

This book provides critical answers to fund-raisers’ questions such as:

• What law basics should every fund-raiser know?
• Is a charitable organization required to apply to the IRS for tax-exempt status?
• What are the charitable contribution deduction rules?
• How do the unrelated business income rules apply to fund-raisers?
• How does a charitable organization start a planned giving program?
• What are the important elements of the fund-raiser’s contract?
• What are the contents of a typical charitable solicitation act?
• Can a charitable organization have a taxable subsidiary?
• When does a fund-raiser need a lawyer?

With its comprehensive coverage of the legal issues that nonprofit organizations face,

The First Legal Answer Book for Fund-Raisers is a powerful resource that every fund-raiser must have!