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

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

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

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

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

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

This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity.

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

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

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

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

Eike von Repgow, a freeman of Rettichau near Aken on the Elbe, was in his time an advisor to the rulers of Thuringia, Brandenburg, Upper and Lower Saxony. In the early 13th century he set down the "Sachsenspiegel", thus creating a record of one of the oldest German legal codices, that was of immense impact on the Middle Ages. He aimed to collect a complete oral tradition of law in his mother land, Saxony, for any person studying this period of history. The writer presents the administration of the then law in two parts, Rural and Feudal. Testimonies on the impact and reception of the "Sachsenspiegel" are four comparatively complete "Codices Picturati", manuscripts with sequences of illustrations that explain or enlighten generally the practice of law in that period. The latest of these four documents is the "Wolfenbuettler Bilderhandschrift" and dates fom 1348 and 1362-71. It depicts the spiritual and material aspects of mediaeval life - political, legal, economic and social - as well as the real values of everyday life, such as tools and implements, clothing and weaponry, animal husbandry, agriculture and architecture. This commentary accompanies the first facsimile edition of the illuminated manuscript from the Herzog August Bibliothek. This publication aims to serve the scientific discussions of the relationship of text and illustrations, of oral and written tradition, of everyday life and thought in the Middle Ages. Also available is a three-volume set with the facsimile edition, modern German text and the commentary.

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

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

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

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.

On the basis of ten concrete examples the author shows by what process and for what historical reasons continental law and common law have come to be so different. In so doing van Caenegem provides a historical introduction to continental law understandable to readers familiar with the common law, and vice-versa. This study is derived from the professor's lectures at Cambridge in 1984-85, in which lawyers from Europe, Great Britain and the United States participated. Judges, Legislators and Professors does not follow the traditional path of describing the development of ideas, but tries a new approach by interpreting legal history as, to a large extent, EEthe result of a power struggle.

A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking. Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse. In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike-those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.

This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.

Separatism is a highly topical and controversial legal and political issue. The conflicts in the Balkans of the 1990s have revived the unresolved issue of national minority self-determination in international law and also, in European politics, the issues of how to deal with sub-state nationalisms and group recognition, and how to enable the political inclusion of national minorities. National Minority Rights reviews the European inter-governmental approach in international law and politics through analysis of issues related to the moral recognition and ethical acceptance of national minorities. Examining issues of sub-state nationalisms, group recognition, identity, and political participation, Malloy reveals assumptions in international law and politics about state sovereignty, collective rights, loyalty, and political inclusion. Employing both theoretical analysis and practical examples, Malloy provides a new framework for the accommodation of national minorities in Europe, which aims to address the problems that have emerged from both international law and European relations since 1989. Part I examines the emerging national minority rights scheme since 1989 and explores concepts of the nature and scope of national minority rights. Malloy suggests that these rights have perhaps been mis-categorized and under-explored. Part II examines the discourse in the light of contemporary political theory on nationalism and multiculturalism, and the politics of identity, difference, and recognition as well as discursive approaches to democracy. Based upon these analyses, she develops an alternative framework for national minority accommodation based upon multiple loyalties, critical citizenship, and discursive justice. This alternative model overcomes the dichotomies of individualism-collectivism and universalism-particularism, contending that minority rights should be seen as collective political autonomy rights rather than as individual cultural human rights. Using this model, Part III examines the assumptions underlying the politics of democratization, taking as examples the work of the Council of Europe and the politics of European Union integration. Malloy questions the ability of the national minority rights discourse to inform international law in its efforts to protect national minorities in an ethical manner. Instead, she contends that the complex processes of constitutionalism in the realm of European integration might provide a better way to accommodate national minorities.

This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.

The growth of the women's international human rights movement worldwide and its emergence as a field of study has led to a valuable but increasingly self-contained literature, often cut off from developments in feminist legal theory, on the one hand, and conceptions of the different legal contexts in which international human rights operate, on the other. This collection of essays brings together feminist scholars in a number of areas including international law, rights, citizenship, queer theory, constitutional law and migration studies to reflect on gender and human rights. The result is a series of fresh and sophisticated essays that situates women's international human rights in broader debates about feminism, rights and international society, providing a variety of methods and vantage points. The essays both offer perspectives on gender and human rights drawn from women's experiences with national laws and contribute to feminist analyses of law in such international and transnational arenas as war, colonialism and globalization.

This is the first of two volumes for students preparing for the Professional Diploma in Law examination, covering the syllabus for Year One. It is clearly written, with each subject broken down into manageable sections with diagrams, where appropriate, to illustrate complex matters. It contains sample questions which follow the Institute's examination style, together with guidance on how they should be tackled in an exam situation. The authors have included a degree of social context, engaging the reader by referring to cases not found in other texts of this level, especially in the coverage of topics such as delegated legislation and law reform.

In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves.

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.

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate will start to crystallise in 2004, when negotiations on a new set of Treaty changes will begin.

The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book. It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists