In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

"Plunder" examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder - the practice of violent extraction by stronger political actors victimizing weaker ones.Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark sideExamines the Rule of Law's relationship with 'plunder' - the practice of violent extraction by stronger political actors victimizing weaker ones - in the service of Western cultural and economic dominationProvides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United StatesDares to ask the paradoxical question - is the Rule of Law itself illegal?

Assesses the impact of intellectual and political movements of the late twentieth century on law and legal theory.

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts, it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict

Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (daya) in Sanskrit jurisprudential literature (Dharmasastra). It examines the evolution of different juridical models of inheritance-in which families held property in trusts or in tenancies-in-common-against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mimamsa) and logic (Nyaya) respectively. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmasastra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance-through precedent and statute-over the late nineteenth, twentieth, and early twenty-first centuries.

China's explosive transformation from a planned economy to a more market-oriented one over the past three decades owes much to the charismatic reformer Zhu Rongji. As China's premier from 1998 to 2003, Zhu displayed a pragmatism and strong work ethic that have been key forces in China's drive to greater modernization and global stature. During this time, Zhu embarked on a plan to reduce the size of government and reform the heavily indebted banking system and state-owned enterprises as well as to overhaul the housing and health care systems. His sweeping efforts ranged from lobbying for the establishment of stock exchanges to revitalizing agriculture through the introduction of a modern grain market. The ramifications of these reforms are still being felt throughout China and the globe, and The Road to Reformprovides a real-time look at these plans as they were being formulated during the 1990s to the early 2000s. The second of a two-volume collection containing more than 100 speeches and personal papers by Zhu, this volume is a revealing and insightful look at Zhu's thinking and will lead to greater understanding of one of the world's two largest economic powers.

If your adult child becomes incapacitated or dies, you do not automatically gain custody of your grandchildren. Sometimes, depending on the age of the children and whether or not they are adoptable will determine who gets custody. Hundreds of thousands of dollars in federal bonus monies are given to states each year when they exceed the number of adoptions from the previous year. Your grandchild may be needed to help reach the numbers necessary for your state to receive its bonus.

This is the first comprehensive bibliography of the major readings in English, Spanish, and Portuguese relating to the legal systems of Latin America and to the political, economic, and social developments that helped to shape them. Snyder's bibliography is arranged according to a convenient and detailed outline of issues and subject areas. References appear under three principle categories: the influence of history and tradition; the interplay of politics, economics, ideology, and convention in the evolution of legal thought and legal systems; and the legal implications of Latin American responses to colonial dependency and to the challenges of development.

As the Baby Boomer generation ages and the sandwich generation is stressed between caring for children and caring for parents, questions are cropping up all across the nation: How can I protect the nest egg I've worked so hard to create? What happens to my assets if I die unexpectedly? Will I be able to afford long-term care?

In "Asset Protection Planning for Seniors," attorney Michael A. Babiarz shares numerous examples of the real-life problems that aging Americans face today.

This is not another confusing form book or technical manual. "Asset Protection Planning for Seniors" is a simple, helpful guide, filled with examples aimed at addressing the basic concerns of older Americans-you

Stop worrying and start learning about: Nursing homes Medicaid planning Wills Trusts Probate Avoiding family problems Protecting inheritance Powers of attorney

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

This book contains original essays by a distinguished group of jurists from six different European countries confronting the increasing range of legal and philosophical issues arising from the relationship between privacy and the criminal law. The collection is particularly timely in light of the incorporation into English law of the European Convention on Human Rights. It compares legal cultures and underlying assumptions with regard to the private sphere,personal autonomy and the supposed justifications for State interference through criminalization and the implementation of substantive criminal law. The book moves from treatment of general ideas like the relationship between sovereignty, the nation-state and substantive criminal law in the new European context, (with its concomitant aspiration towards the establishment of transnational morality) to more detailed consideration of specific areas of substantive law and procedure, viewed from a range of perspectives. Areas considered include euthanasia, surrogacy, female genital mutilation and sado-masochism.

It has become increasingly difficult to speak or even think social or legal justice in an age when words have left their moorings. Perhaps images are more stable than words; maybe images and imagery possess a certain viscosity,even a sensory quality, which prevents them from evaporating. This 'maybe' is what this book is about. The contributors to this collection explore the issue of how the Imaginary (images, imagery, imagination) has a role in the production and reproduction of 'visions' of legal and social justice. It argues that 'visions' of justice are inevitably bounded. Boundaries of 'visions' of justice, however, are also 'imaginary'. They emerge within imaginary spaces, and, as they are 'imaginary', they are inherently unstable. The book captures an emerging interest (in the humanities and social sciences) in images and the visual, or the Imaginary more broadly. This collection will appeal to scholars and students of social and legal theory, visual culture, justice and governance studies, media studies, and criminology.

This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.

Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.

Offers a comprehensive overview of the legislation and legal issues surrounding animals. Written by Jordan Curnutt, Animals and the Law covers everything from the Silver Spring monkeys, subjects in the first U.S. lab raided by police where criminal charges were filed against a scientist conducting federally funded research, to sex with animals. Among the subjects reviewed are kosher and Halal food restrictions, mad cow disease and cattle cannibalism, animals in laboratories, and as entertainment-in circuses, zoos, rodeos, horse racing, cockfighting, and more. Also included are appendixes of animal organizations, cases, statutes and regulations, and an extensive bibliography. Includes a list of major animal organizations actively engaged in legal matters on a national level Includes tables of cases, authorities, statutes, and regulations

"Works such as A Law of Her Own expose the injustices in our society, provide different perspectives, and stimulate discussion. . . . Forell and Matthews' contribution to the debate should not be overlooked."
--"Law & Life"

Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.

In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.

A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.

Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

Gershon Brin examines the development of biblical law, suggesting that it may be due to different authors with different legal outlooks, or that the differing policies were required in response to different social needs, etc. Biblical laws appearing in the Dead Sea Scrolls literature are treated in a separate unit. Study of this subject can shed light both on the biblical laws as such, as well as on the manner of their reworking by the Judaean Desert sect. Brin also discusses here questions of the style, the idea, and the historical and ideological background underlying the reworking of these laws in Qumran. The second part of the book presents a comprehensive picture of the issues involved in the laws of the first-born, a subject that has legal, social and religious implications.

The Bible is not written as a handbook for lawyers, politicians and civil servants setting out a theology of human law. Its concern is the dealings of God with human beings and of human beings with God. What then does the Bible have to say about human laws and legal systems? Looking back to the Old Testament, to the Mosaic Law, the biblical model of kingship and the prophetic call to justice, barrister David McIlroy presents a Christian perspective on the biblical view of law and justice. He also examines the claims and teachings of Christ as King, specifically contrasting these with Caesar, a king of the world. The book then concludes with a reflection on the place of human laws in the light of the Last Judgment. A Biblical View of Law and Justice seeks to wrestle with the biblical message of justice, giving Christian lawyers, civil servants and politicians a renewed vision and understanding of the potential of their work in the post-Christendom world.

In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.

This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.

The essays in this volume concern the topic of legal rights, how they are related to morality, the place of rights on moral theory, and the legal recognition of rights.

This volume is a culmination of years of development, and the first to introduce the concepts of superoptimum evaluative and explanatory reasoning. Stuart Nagel's new Quorum book will help academic and practicing attorneys in two important ways. First, by understanding evaluative reasoning, they will gain a better grasp of the appropriate behavior to be adopted if they wish to achieve certain desired goals. Second, by understanding the elements of explanatory reasoning, they will understand how and why decisions are reached.

Evaluative reasoning can take several forms. It can help decision-makers select from among several public policy choices. It can enhance individual decision-making and provide means to allocate scarce resources. It can also assist in advocating and influencing decisions, mediating disputes, representing divergent viewpoints, and in assigning people to specific tasks. Explanatory reasoning, on the other hand, will help explain public policy making, and assist users in generalizing from cases and facts, and in understanding relationships. The purpose of explanatory reasoning is also to explain why superoptimum solutions are infrequently adopted and why they are seldom successfully implemented. The use of both kinds of reasoning, says Nagel, are particularly important to those who want a better understanding and want to improve the legal system.

Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

This book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of "Hong Kong Nativism," the theoretical connotations and fallacies of "Hong Kong Independence," and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.