This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.

The role of contract in early modern Chinese economic life, when acknowledged at all, is usually presented as a minor one. This volume demonstrates that contract actually played a critical role in the everyday structure of many kinds of relationships and transactions; contracts are, moreover, of enormous value to present-day scholars as transcriptions of the fine details of day-to-day economic activity. Offering a new perspective on economic and legal institutions, particularly the closely related institutions of contract and property, in Qing and Republican China, the papers in this volume spell out how these institutions worked in specific social contexts. Drawing on recent research in far-flung archives, the contributors take as givens both the embeddedness of contract in Chinese social and economic discourse and its role in the spread of commodification. Two papers deal with broad issues: Zelin's argues for a distinctively Chinese heritage of strong property rights, and Ocko's examines the usefulness of American legal scholarship as a comparative analytic framework.

Winner of the Hart/Socio-Legal Studies Association Book Prize for Early Career Academics, 2005. This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction. It does so by focusing on changes in the legal profession after 1991. Intriguingly, the book, which is based on extensive field-work, concludes that culture and informal regulation are key to understanding how Georgian lawyers are governed, or rather govern themselves. Indeed, for several years after independence from the Soviet Union there was no functioning law on attorneys; informal regulation, based on the importance of reputation and networks, was the only sort of regulation. Other topics addressed in the book include Georgia's legal history, its current human rights situation, theories of professionalization, and the link between law and development. The book also compares the Georgian experience to that country's South Caucasian neighbors - Armenia and Azerbaijan - thus rounding the book out as a regional study.

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

The contributors of this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of key events between 2000 and 2002 in the European Union, while illuminating how these institutional (formal legal) developments impact ordinary individuals and EU politics. For example, the European Convention with the possibility of an EU constitution is viewed not only as a new institutional development.

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, its impact on both the candidate States and on the institutions and policies of the European Union. In so doing, it discusses these issues from a variety of perspectives - legal, economic and political - reflecting the different dimensions of the enlargement project. This enlargement will be unlike any other, not only in terms of its scale, and the unprecedented nature of the lengthy and complex pre-accession process, but also in its wider implications for the future direction of the European Union itself and for the whole of Europe. The contributions thus focus not only on the adjustments having to be made by the candidate States and the EU's institutions, but also on enlargement as an interaction between the candidate States and the European Union, and between the EU and the wider world community. Policies which have developed and matured during this enlargement, such as conditionality, also have effects on regions and States which are outside the current enlargement process, such as the Balkans.

The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behavior and compelling compliance. Indeed the European Community's original legal system was intentionally designed to have very limited monitoring and enforcement capabilities. The European Court of Justice transformed the original system through bold and controversial legal decisions declaring the direct effect and supremacy of European law over national law.
This book starts where traditional legal accounts leave off. Karen Alter explains why national courts took on a role enforcing European law against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. She then shows how harnessing national courts to funnel private litigant challenges through to the ECJ and enforce European law supremacy contributed fundamentally to the emergence of an international rule of law in Europe, where national governments are held accountable to their European legal obligations, and where states actually avoid policies that might conflict with European law.

The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union, issues which are now high on the political agenda. The collection will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers and journalists.

What is happening to the uneasy relationship between the States and the Union in the United States and the European Union? How to make subsidiarity and devolution work better on both sides of the Atlantic? And what are the new models of governance beyond the state that can sustain the challenge of legitimacy? This book brings together an impressive array of historians, political scientists, legal scholars and political economists to address these questions and articulate a Federal Vision for the 21st century.

What is happening to the uneasy relationship between the States and the Union in the United States and the European Union? How to make subsidiarity and devolution work better on both sides of the Atlantic? And what are the new models of governance beyond the state that can sustain the challenge of legitimacy? This book brings together an impressive array of historians, political scientists, legal scholars and political economists to address these questions and articulate a Federal Vision for the 21st century.

How did the European Community's legal system become the most effective international legal system in the world? This book begins where traditional legal accounts end, explaining why national judiciaries took on a role enforcing European law supremacy against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. Alter then shows how harnessing private litigants to monitor state compliance with European law, and national courts to enforce European law against their governments, extended the influence of European law into the political process itself, leading to the emergence of an international rule of law in Europe.

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.

This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Anna Hazare's movement in India during 2010-11 has brought out an awakening among the people, thus creating ripples in Indian politics. Therefore, there is a need for the intelligentsia to know the performance of political parties, the electoral system, the working of political alliances, governance through coalition and the impact of Anna Hazare's movement on Indian politics. This book, "Political Parties in India: Formation, Superintendence, Alliances and Coalition", studies the formation, their superintendence, surveys the historical background, ideologies, the process of elections, and development of political parties who have braved through successive general and state elections in independent India. They are classified into National Parties, State Parties, and Unrecognized Parties. The book covers all those parties which have presence in Parliament. A chapter on Emergence and Pangs of Coalitions traces the reasons that led to the growth of coalitions at the Central and State levels and studies their parameters. A separate chapter on the "Triumph of Indian Democracy" studies the new scenario which has emerged due to the historic movement. The book should be of interest to the students and teachers of political science, political scientists, political parties and general readers who wish to know about the current political scenario in India.

Justice Lewis F. Powell, Jr. is an absorbing and readable biography of one of the most important Supreme Court Justices since World War II.

"Las Siete Partidas," or Seven Divisions, is the major law code of thirteenth-century Spain, compiled by Alfonso X the Learned of Castile. Seven centuries later, this compendium of legal and customary information remains the foundation of modern Spanish law. In addition, its influence is notable in the law of Spain's former colonies, including Texas, California, and Louisiana. The work's extraordinary scope offers unparalleled insight into the social, intellectual, and cultural history of medieval Spain. Built on the armature of a law code, it is in effect an encyclopedia of medieval life. Long out of print, the English translation of "Las Siete Partidas"--first commissioned in 1931 by the American Bar Association--returns in a superior new edition. Editor and distinguished medieval historian Robert I. Burns, S.J., provides critical historical material in a new general Introduction and extensive introductions to each Partida. Jerry Craddock of the University of California, Berkeley, provides updated bibliographical notes, and Joseph O'Callaghan of Fordham University contributes a section on law in Alfonso's time. "Las Siete Partidas" is presented in five paperback volumes, each available separately: "The Medieval Church, Volume 1: The World of Clerics and Laymen" (Partida I) ISBN 0-8122-1738-1 336 pages "Medieval Government, Volume 2: The World of Kings and Warriors" (Partida II) ISBN 0-8122-1739-X "The Medieval World of Law, Volume 3: Lawyers and Their Work" (Partida III) ISBN 0-8122-1740-3 "Family, Commerce, and the Sea, Volume 4: The Worlds of Women and Merchants" (Partidas IV and V) ISBN 0-8122-1741-1 "Underworlds, Volume 5: The Dead, the Criminal, and the Marginalized" (Partidas VI and VII) ISBN 0-8122-1742-X

Las Siete Partidas, Volume 4 Family, Commerce, and the Sea: The Worlds of Women and Merchants (Partidas IV and V) Translated by Samuel Parsons Scott. Edited by Robert I. Burns, S.J. "An indispensable contribution the the medieval Iberian field, and a valuable addition to medieval studies generally. . . . On almost any page, one finds a wealth of engrossing data concerning daily life, practice, and belief in thirteenth-century Castile. The level of detail is compelling, and provides a wide-ranging view of medieval life and thought that goes far beyond mere prescriptive edicts."--Olivia Remie Constable, "The Medieval Review" "Las Siete Partidas," or Seven Divisions, is the major law code of thirteenth-century Spain, compiled by Alfonso X the Learned of Castile. Seven centuries later, this compendium of legal and customary information remains the foundation of modern Spanish law. In addition, its influence is notable in the law of Spain's former colonies, including Texas, California, and Louisiana. The work's extraordinary scope offers unparalleled insight into the social, intellectual, and cultural history of medieval Spain. Built on the armature of a law code, it is in effect an encyclopedia of medieval life. Long out of print, the English translation of "Las Siete Partidas"--first commissioned in 1931 by the American Bar Association--returns in a superior new edition. Editor and distinguished medieval historian Robert I. Burns, S.J., provides critical historical material in a new general Introduction and extensive introductions to each Partida. Jerry Craddock of the University of California, Berkeley, provides updated bibliographical notes, and Joseph O'Callaghan of Fordham University contributes a section on law in Alfonso's time. Robert I. Burns, S.J., is a senior professor of history at the University of California, Los Angeles, and Director of the Institute of Medieval Mediterranean Spain in Playa del Rey, California. The Middle Ages Series 2000 344 pages 6 7/8 x 9 1/2 ISBN 978-0-8122-1741-4 Paper $34.95s 23.00 World Rights History, Law Short copy: A major thirteenth-century Spanish law code whose tenets can still be found in the state laws of California, Texas, and Louisiana.

Las Siete Partidas, Volume 3 The Medieval World of Law: Lawyers and Their Work (Partida III) Translated by Samuel Parsons Scott. Edited by Robert I. Burns, S.J. "An indispensable contribution the the medieval Iberian field, and a valuable addition to medieval studies generally. . . . On almost any page, one finds a wealth of engrossing data concerning daily life, practice, and belief in thirteenth-century Castile. The level of detail is compelling, and provides a wide-ranging view of medieval life and thought that goes far beyond mere prescriptive edicts."--Olivia Remie Constable, "The Medieval Review" "Las Siete Partidas," or Seven Divisions, is the major law code of thirteenth-century Spain, compiled by Alfonso X the Learned of Castile. Seven centuries later, this compendium of legal and customary information remains the foundation of modern Spanish law. In addition, its influence is notable in the law of Spain's former colonies, including Texas, California, and Louisiana. The work's extraordinary scope offers unparalleled insight into the social, intellectual, and cultural history of medieval Spain. Built on the armature of a law code, it is in effect an encyclopedia of medieval life. Long out of print, the English translation of "Las Siete Partidas"--first commissioned in 1931 by the American Bar Association--returns in a superior new edition. Editor and distinguished medieval historian Robert I. Burns, S.J., provides critical historical material in a new general Introduction and extensive introductions to each Partida. Jerry Craddock of the University of California, Berkeley, provides updated bibliographical notes, and Joseph O'Callaghan of Fordham University contributes a section on law in Alfonso's time. "Las Siete Partidas" is presented in five paperback volumes, each available separately: "The Medieval Church, Volume 1: The World of Clerics and Laymen" (Partida I) ISBN 0-8122-1738-1 336 pages Paper $28.50 "Medieval Government, Volume 2: The World of Kings and Warriors" (Partida II) ISBN 0-8122-1739-X 296 pages Paper $28.50 "The Medieval World of Law, Volume 3: Lawyers and Their Work" (Partida III) ISBN 0-8122-1740-3 384 pages Paper $29.95 "Family, Commerce, and the Sea, Volume 4: The Worlds of Women and Merchants" (Partidas IV and V) ISBN 0-8122-1741-1 344 pages Paper $28.50 "Underworlds, Volume 5: The Dead, the Criminal, and the Marginalized" (Partidas VI and VII) ISBN 0-8122-1742-X 384 pages Paper $29.95 The complete five-volume paperback set: ISBN 0-8122-1737-3 1744 pages $135.00 Robert I. Burns, S.J., is a senior professor of history at the University of California, Los Angeles, and Director of the Institute of Medieval Mediterranean Spain in Playa del Rey, California. The Middle Ages Series 2000 384 pages 7 x 10 ISBN 978-0-8122-1740-7 Paper $37.50s 24.50 World Rights History, Law Short copy: A major thirteenth-century Spanish law code whose tenets can still be found in the state laws of California, Texas, and Louisiana.

Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world?

The book examines the process of European integration and highlights issues of institutional dynamics and prospects for democracy.

European integration is at a turning point with implications for all member states and their citizens. The Amsterdam treaty marks a shift towards constitutional issues. Integration has involved a continually evolving process of constitution making. A group of leading scholars argue that the shift towards constitutional issues is rooted not only in the issues on the European level, but also in shifting models of political and economic organization in the member states. Paradox ically, however, this push towards integration is accompanied by a number of institutional changes and political decisions, which challenge the picture of on-going integration, and indicate a shift towards a new pluralism in the Euro-polity. The contributors address questions such as; what are the likely effects of the Amsterdam treaty changes in comparison with Maastricht?; how will these changes effect the complex balance among the governing institutions of the EU?; and what will be the implications for the lingering quest for democracy?

Sunstein presents a wide-ranging analysis of free markets and their limits, and discussion of law and economics as a field. He explores "free markets" and social justice in three main parts. The first part deals with foundations - the appropriate role of existing "preferences", the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Part Two deals with rights, showing that markets have only a partial but instrumental role in the protection of rights. The third part deals with regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. This book raises a number of questions about economic analysis of law in its conventional form.

This book examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

In Shades of Freedom, A. Leon Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. In Shades of Freedom, a noted scholar and a celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history and a mirror to the American soul.

Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little distinctive effect on legislative productivity. Raw political conflict is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored in real politics, Krehbiel's study shows that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the one that allows its supporters to override a possible presidential veto or to halt a filibuster.

Krehbiel's tractable yet comprehensive theory demonstrates how a specific and identifiable decision maker determines final policy choices and how politicians who are trying to enact new policies focus their legislative efforts on these pivotal lawmakers. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of how gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of the American legislative process.