Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Tribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: * The Tribal Law and Order Act's Enhanced Sentencing Provisions * The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction * Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).

First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.

Many legal scholars believe that judges should not be "activists." But exactly what does it mean for judges to practice "restraint," and how did that set of practices evolve in America? In Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented, Evan Tsen Lee traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the "vested property rights" courts of the early 20th Century, through the Warren Court, and up to the present. The Supreme Court and the many lower federal courts have long used mystifying technical doctrines known as "standing" and "abstention" out of a professed fidelity to judicial restraint. Yet this book aims to demonstrate that the concept of judicial restraint cannot be meaningfully viewed outside of the varying contexts of American history. The notion of judicial restraint only makes sense in light of the waxing and waning American commitments to property rights and Protestant idealism, to scientific pragmatism, to racial equality, and even to environmental protection and the need to stem climate change. This book focuses on the personalities and lives of powerhouse Supreme Court justices - John Marshall, Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter, William Brennan, and now Antonin Scalia. Largely written in narrative form, it will appeal to those interested in how politics, society, and the power of ideas have shaped American public law.

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Because Ehrlich's texts in English have long been unavailable, many of his ideas, while commonplace in sociological research and theory, are not commonly attributed to his work. The new introduction by Klaus Ziegert addresses some of the reasons Ehrlich has been overlooked in the literature. In so doing, Siegert to sketches the context in which Ehrlich worked and discusses his major tenets.

Among the topics covered in Ziegert's substantial introduction to this volume is the current relevance of Ehrlich's work. He also addresses the key issues in socio-legal theory and methodology, which were touched upon by Ehrlich and are still very much at the cutting edge of socio-legal research and a sociological theory of law. This book will be of keen interest to students of sociological theory and law.

The exiled Russian sociologist and legal scholar Nicholas S. Timasheff's place in the forefront of the sociology of law was established with the publication, in 1939, of An Introduction to the Sociology of Law. His magnum opus articulates a systematic legal sociology. The book's title is misleading, giving the false impression that the volume is merely a textbook intended for classroom use. It is much more than this. An Introduction to the Sociology of Law is a sophisticated treatise that explains, precisely and methodically, the law as a social force. It makes two fundamental points: law can, indeed must, be studied by sociology, and law is a combination of socio-ethical and imperative coordination of human behavior.

A continuing thread in Introduction is Timasheff's interest in the dialectical interplay between the positive law and the living law. What is more, he discusses at length what he considers to be the essential systems of thought and action in the social sciences. Timasheff sees sociology's purpose as the study of similar, related, or clusters of social phenomena. Accordingly, Timasheff's focus is principally on the law's causal reality.

Several scholars have made a case for bestowing the title of "founder" of the sociology of law on Timasheff. Certainly the sociolegal theory and methodological prescriptions that he explicates in An Introduction to the Sociology of Law will inspire a new generation of law and society scholars. Many of the proposals that he makes merit elaboration, modification, and verification, and that effort must begin with the study of this monumental work.

This book presents the first comprehensive survey of the multiple versions of Islam propagated across geographical, political, and cultural boundaries during the era of modern globalization. Showing how Islam was transformed through these globalizing transfers, it traces the origins, expansion and increasing diversification of Global Islam - from individual activists to organizations and then states - over the past 150 years. Historian Nile Green surveys not only the familiar venues of Islam in the Middle East and the West, but also Asia and Africa, explaining the doctrines of a wide variety of political and non-political versions of Islam across the spectrum from Salafism to Sufism. This Very Short Introduction will help readers to recognize and compare the various organizations competing to claim the authenticity and authority of representing the one true Islam.

Best known as a history of progress, "Ancient Law" is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase "from status to contract" familiar. His narrative spans the ancient world, in which individuals were tightly bound by status to traditional groups, and the modern one, in which individuals are viewed as autonomous beings, free to make contracts and form associations with whomever they choose.

Maine's dichotomy between status-based societies and contract-based societies is a variation on a theme that has absorbed the social sciences for a century: the distinction between "Gemeinschaft" (community) and "Gesellschaft" (society). This theme has been elaborated upon by such eminent scholars as Tonnies, Durkheim, Weber, Simmel, and Parsons. Along with many lesser scholars, they have considered what we gained and what we lost when we left behind a social world held together by communal, primordial bonds, and adopted one based upon impersonal temporary agreements among individuals.

Maine wrote "Ancient Law" to increase knowledge about the internal mechanics of developing societies. He felt a key objective was better understanding of how law develops over time. Failure to understand temporal processes in relation to legal development, he argues, leads to the creation of false dichotomies. The most important of these is the alleged division between the ancient and the modern, which Maine described as an "imaginary barrier" at which modern scholars feel they must stop and go no further. Maine's desire to breach this barrier led him to present this complex and richly nuanced analysis of legal evolution. This book will be of interest to historians, political philosophers, and those interested in the development of law.

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class.

Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class.

Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

Georges Gurvitch occupies an interesting position in the development of the sociology of law. In the period immediately preceding its quantitative expansion, he produced an explicitly conceived systematic theoretical intervention. What is particularly significant about Gurvitch's "Sociology of Law" at first appears as a contradiction. His work has had very little lasting impact on developments within the field of the sociology of law. At best, his existence is occasionally footnoted, but he engendered no great controversy or debate, nor does he have any active contemporary "disciples." Despite this lack of attention, Gurvitch work provides a concentrated expression of the theoretical problems that beset the field.

The core of Gurvitch's sociology of law is at root a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is so markedly affecting law. It is the apparent dualism between law as a positive institution resting upon a framework of social power, while at the same time being a system of values or norms having some compelling internal strength and validity. Gurvitch's "Sociology of Law" shines as a beacon in the ongoing quest for a transformative vision of law. The new introduction by Alan Hunt discusses Gurvitch's place in the history of the sociology of law and the context in which his works should be placed. It also features a brief biography of the sociologist as well as a discussion of the central features of Gurvitch's sociology. This book will be of interest to students of sociology and law.

The relationship between law and religion has traditionally been analysed according to two basic paradigms. One has focused on the relationship between religious communities and the State (the Church/State paradigm), while the other has concentrated on the relationship between the State and the individual (the liberal-individualist or civil liberties paradigm). This book enriches the analysis of law and religion in society by emphasising a third and complementary analytical dimension involving the relationship between religious communities and religious individuals. In particular, the contributors explore the various facets of the multiple tensions that exist in the legal relationships between religious organisations, State and adherents in the period leading up to the third Christian millennium. Against the background of the complex and sometimes contradictory responses of religious organisations and the State to the Human Rights Act, this interdisciplinary collection draws on contributions from leading scholars active in the field of religious rights and the interaction of law and religion based in the UK, USA, Canada, New Zealand and elsewhere, and makes a timely and significant contribution to international debates in a variety of academic disciplines. Contributors explore international concerns over religious liberty, focusing particularly on the boundaries of ethnicity and religious community, the status of the 'established' Churches in the UK, and the proper place for religious organisations under generally applicable legal regimes of non-discrimination. Themes discussed are closely related to wider interests within legal and socio-legal studies involving gender, discrimination, equality, community and the nature and limits of individualism and individual legal rights.

Collected Studies CS1071 The central figure in this volume is that of Gratian, whose monumental compilation of canon law sparked off the revival of legal studies in the medieval West. In other collections of essays, Stephan Kuttner dealt with the development of canon law in the two centuries that followed the publication of Gratian's Decretum, and the ideas that this engendered; here he is concerned with the foundations upon which all these later efforts were based. The work of Gratian is, of course, the principal focus, but the studies then follow the spread of the teaching of law, from its inception at Bologna in the 1140s to its appearance soon after in other centres of learning in the West especially in France, in the Anglo-Norman schools and in Germany. With a quarter of the volume consisting of additional notes and extensive indexes, it makes a contribution of the greatest importance to the historical study of canon law. For this second edition, a new section of additional notes has been supplied, and the volume is introduced with an essay by Peter Landau; these take account of the important recent work on Gratian and the Decretum and chart the significance of Stephan Kuttner's work.

The Social Security Handbook: Overview of Social Security Programs, 2018 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws.The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: *How Social Security programs are administered *Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs *Who is responsible for submitting the necessary evidence to support a claim *How claims are processed by the Social Security office *What Social Security benefits are owed to you *How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: *Protect your benefits and avoid benefit loss; *Monitor government agencies and get information about policy changes that will affect your benefits; *Make the most of hospital and Medicare coverage; *Determine the amount of benefits that are subject to federal income taxes; *Check Social Security earnings and benefits; and *Get up-to-date news about future Social Security programs and services.

Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law's diverse roles in maintaining linear historicist models of time; law's participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the 'time' in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. Chapter 6 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oachapter6.pdf The Introduction of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415792219_oaintroduction.pdf

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Reflective Bioethics

This book provides an analysis of the legal and policy dimensions of open access to research, education and public sector information with a focus on Nigeria. Kunle shows how open access has evolved across the world and how such initiatives could be implemented in Nigeria and other countries in the developing world. The author argues for a platform where Nigerians are able to freely connect to the 'global library', through the open access dual platforms of self-archiving and open access publishing, thereby providing access to knowledge. The importance of connecting local works to the 'global library' to increase visibility and impact of such works is also underscored. This book furthers our understanding of open educational resources as alternative avenues to accessing education and seeks to foster citizenry participation, good governance, accountability, democratic values and spur creativity and innovation through open governance and access to public sector information. Providing a framework for open access in developing countries, Open Access to Knowledge in Nigeria is an important read for scholars interested in knowledge production in Africa, development of the knowledge economy and the open access and Access to Knowledge movements.

This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be. For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the chasm between theory and practice, between the abstraction of law and its actual societal effects. Examining such issues as the limits of legal change and the capacity of law to act as a revolutionary agent, the essays in this book offer a well-rounded introduction to the relationship between law and society. By focusing on flashpoint issues in legal studies-equality, consciousness and ideology, social control--and making ample use of engaging case studies, The Law and Society Review provides an invaluable resource for scholars and students alike.

First published in 1998, this book is an exposition of the law of defamation as it applies in those countries (excluding South Africa). It discusses or refers to hundreds of cases from those jurisdictions, as well as many important precedents from England, analysing the law and discussing how far the courts have developed their own approaches to the law, and to what extent the law reflects the values of traditional society and customary law. It thus shows how the law is being used in a field which is both intensely political and reflects important social interests. Though directed mainly at legal practitioners, teachers and students, therefore, it would be of interest to the media - the defendants in the overwhelming majority of the cases-and to scholars in the social sciences.

Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.

This sourcebook presents a collection of ancient Greek laws and covers a wide area of legislative activity in major and minor Greek city-states, ranging from Delphoi and Athens in mainland Greece, to Gortyn in Crete, Olbia in South Russia and Aegean cities including Ephesos, Samos and Thasos. The book divides legislation into three main areas:
* the household - marriage, divorce, inheritance, adoption, sexual offences and personal status
* the market-place - trade, finance, sale, coinage and leases
* the state - constitution, legislative process, public duties, colonies, building activities, naval forces, penal regulations, religion, politics and inter-state affairs.
The author explores the significance of legislation in ancient Greece, the differences and similarities between ancient Greek legislation and legislators and their modern counterparts and also provides fresh translations of the legal documents themselves.

eBook available with sample pages: 0203011740

In this comprehensive and accessible sourcebook, Ilias Arnaoutoglou presents a collection of ancient Greek laws, which are situated in their legal and historical contexts and are elucidated with relevant selections from Greek literature and epigraphical testimonies. A wide area of legislative activity in major and minor Greek city-states, ranging from Delphoi and Athens in mainland Greece, to Gortyn in Crete, Olbia in South Russia and Aegean cities including Ephesos, Samos and Thasos, is covered. Ilias Arnaoutoglou divides legislation into three main areas:
* the household - marriage, divorce, inheritance, adoption, sexual offences and personal status
* the market-place - trade, finance, sale, coinage and leases
* the state - constitution, legislative process, public duties, colonies, building activities, naval forces, penal regulations, religion, politics and inter-state affairs.
Dr Arnaoutoglou explores the significance of legislation in ancient Greece, the differences and similarities between ancient Greek legislation and legislators and their modern counterparts and also provides fresh translations of the legal documents themselves.

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy—Jewish, Islamic, Byzantine, and Latin—and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua.

Modern systems theory provides a new paradigm for the analysis of society. In this volume, Niklas Luhmann, its leading exponent, explores its implications for our understanding of law. Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. In this volume he lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and, in particular, of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other. In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other parts of society? However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.