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Books > Law > Laws of other jurisdictions & general law > General
Extensively updated throughout, this new edition introduces students to a wide range of modern legal issues. Written in a clear and engaging style, the book expertly addresses the ways in which the rules and structures of law respond to and influence changes in economic and political life. It provides a clear understanding of the relationship between law and society, with particular emphasis on the importance of morality, dispute solution and business regulation. An Introduction to Law is a valuable resource for students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on business or social science courses in which legal studies are included.
On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.
Ever since the 1960s onwards, the nature and the future of the European Union have been defined in legal terms. Yet, we are still in need of an explanation as to how this entanglement between Law and EU polity-building emerged and how it was maintained over time. While most of the literature offers a disembodied account of European legal integration, Brokering Europe reveals the multifaceted roles Euro-lawyers have played in EU polity, notably beyond the litigation arena. In particular, the book points at select transnational groups of multipositioned legal entrepreneurs which have been in a situation to elevate the role of law in all sorts of EU venues. In doing so, it draws from anew set of intellectual resources (field-theory) and empirical strategies only very recently mobilized for the study of the EU. Grounded on an extensive historical investigation, Brokering Europe provides a revised narrative of the 'constitutionalization of Europe'.
In its ninth edition, Brief Writing and Oral Argument has been updated with a new section on legal writing and is revised throughout to integrate information on electronic legal research. Former Judge Edward D. Re and litigator Joseph Re lead the reader through each step of the legal writing and oral argument process highlighting and addressing the nuances of trial practice as only a veteran judge and lawyer can.
In the years since the terrorist attacks of 9/11, government officials, industry experts, and interested citizens have sought to understand what happened, why it happened, and how we can prevent anything similar from ever happening again. Now, in four volumes, readers and researchers can read for themselves the complete, unabridged testimony of the hearings held by the National Commission on Terrorist Attacks Upon the United States, and draw their own conclusions. Each of the twelve hearings is summarized, as is each person's testimony, making it easy to find relevant passages. Specific coverage of each hearing includes a summary of remarks made and issues raised during the hearings and in official statements, biographies of the witnesses testifying before the commission, and official statements filed by key witnesses.
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
This collection of essays reflects on the fifth enlargement of the European Union, projected to take place in 2004. It examines the process of enlargement and its impact on both the candidate States and on the institutions and policies of the European Union from a variety of perspectives - legal, economic, and political - reflecting the different dimensions of the enlargement project.
This volume focuses on the most essential foundation laws for the foreign investor and student of foreign economic relations. Translated from the Russian by Professor Butler, it covers legislation relating to insurance, insolvency, companies and partnerships, state and municipal enterprises, noncommercial organizations, civil rights, and foreign investment. Each law is prefaced by a detailed table of contents, and all translations are made from the official Russian texts, incorporating all amendments, changes, and additions, and including, where applicable, relevant decrees of the Constitutional Court of the Russian Federation.
This collection of papers from the Twentieth British Legal History Conference explores the relationship between substantive law and the way in which it actually worked. Instead of looking at what the courts said they were doing, it is concerned more with the reality of what was happening. To that end, the authors use a wide range of sources, from court records to merchants' diaries and lawyers' letters. The way in which the sources are used reflects the possibilities of legal historical research which are opening up in the twenty-first century, as large databases and digitised images - and even online auction sites - make it a practical possibility to do work at a level which was almost unthinkable only a short time ago.
This important new book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the EU Member States and at various techniques - political, legal, and managerial - by which accountability can be assured. These include the EU Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.
Available Open Access under CC-BY-NC licence. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn't clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold
In 1950, a European political space existed, if only as a very primitive site of international governance. Today, the European Union governs in an ever-growing number of policy domains. Increasingly dense networks of transnational actors representing electorates, member state governments, firms, and specialized interests operate in arenas that are best understood as supranational. At the same time, the capacity of European organizations - the Bank, the Commission, and the Court of Justice - to make authoritative policy decisions has steadily expanded, profoundly transforming the very nature of the European policy. This book, a companion volume to "European Integration and Supranational Governance", offers readers a sophisticated theoretical account of this transformation, as well as original empirical research. The editors elaborate an synthesis of institutionalist theory that contributors use to explain the sources and consequences of the emergence and institutionalization of European political arenas. The text examines the evolution of integration and supranational governance across time and policy domain.
Based on the "Guide to the Human Fertilisation and Embryology Act 1990," this volume reviews the regulation of assisted conception including complex moral issues such as abortion, embryo research and cloning. It offers a comprehensive guide to the 1990 legislation as well as important legal and technical developments since that time.
Scotland has a special claim for the attention of comparative lawyers, of legal historians, and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law-of the law of Rome, received and developed in Continental Europe, and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is the first detailed and systematic study in the field of private law. Its method is to take key topics from the law of obligations and the law of property and to trace their development from earliest times to the present day. A fascinating picture emerges. The reception of civil law was slow but profound, beginning in the medieval period and continuing until the eighteenth century. Canon law was also influential. This was flanked by two receptions from England, of Anglo-Norman feudalism in the twelfth century and beyond, and, more enduringly, of aspects of English common law in the nineteenth and twentieth centuries. In addition there was much that was home-grown. Over time this disparate mixture was transformed by legal science into a coherent whole.
The return of religion to the public sphere raises various dilemmas. Rights and values, pluralism and identity, justice and efficacy, autonomy and tradition, and integration and toleration cannot always be balanced without the loss of something valuable. This volume of essays tackles such dilemmas from two perspectives. To begin, major contemporary theorists rethink the place of religion in the public sphere from republican, liberal and critical-theoretical viewpoints. Contributors then bring together theory and practice to better conceptualize and assess the latest developments in European jurisprudence with respect to religion.
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
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.
Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.
The American legal system is the most significant in the world today, yet until the publication of Fundamentals of American Law there has been no book that provides both the basic rules and the theoretical understanding necessary to comprehend it. This book is not simply the work of a single author, but a collection of especially written essays, done by experts in their fields, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law school in America and which offers this book as an element of its unique Global Law School Programme. One of the main advantages to teachers of American Law is that we will be offering a Teacher's Manual to anyone who asks for the book on inspection.
The fight against corruption emerged as one of the most significant issues during the 2004 enlargement of the EU and gained even more importance with the accession of Romania and Bulgaria in 2007. In order to prepare candidate countries for membership, the EU found it necessary to create new institutions and mechanisms to address corruption. Patrycja Szarek-Mason traces the development of the EU anti-corruption framework, showing how recent enlargements transformed EU policy and highlighting inequities between the treatment of candidate countries and existing Member States. The experience gained during the 2004 enlargement led to a more robust anti-corruption stance during the accession of Bulgaria and Romania and will have implications for future enlargements of the EU. However, the framework can still be strengthened to address corruption adequately and promote higher standards among Member States, especially through greater use of 'soft law' in the form of mutually agreed, non-legally binding policy recommendations.
This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complimentary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems. |
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