The book poses the fundamental question of what objectivity means in practical legal discourse and what is its role. By applying critical discourse analysis to the applications of the term "objectivity" in judicial discourse - based on cases from Poland - the book identifies a rich taxonomy of objectivity's uses that judges make of the concept of objectivity. The main results are that objectivity has a special meaning in the legal discourse based on legal authority, and that a case can be made for a stronger interconnection between objectivity and intersubjectivity. These results challenge the theoretical foundations of the debate on objectivity in the legal discourse and open new perspectives for the justification of this concept in modern societies.

In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.

Environmental crimes are primarily driven by financial motives. The combined financial value of illicit trade in protected wildlife, illegal logging and waste trafficking is estimated to come directly after counterfeiting, the narcotic drugs trade and illegal gambling. Logically, the proceeds of these crimes must also be laundered. Goods, however, are not the only money maker for environmental criminals. Corporations may also try to 'save' costs by not complying with environmental regulations and thus commit crimes of omission rather than commission. From an enforcement and compliance perspective focusing on the proceeds of crime may therefore be an effective strategy. This book brings together different perspectives on the financial aspects of environmental crime and harm from a green criminological viewpoint. It addresses the role of economic systems, the value of environmental performance for corporations, money laundering in the context of environmental crime, financial investigation and questions of regulation and penalties. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the financial dimensions of crime and the environment.

This work is devoted to analyzing three major frames of justice--group justice, individual desert, and life affirmation--and their implications for social policy as well as their reflections in contemporary social policies. Pelton finds that all three frames of justice are reflected in the Bible and, later, the Koran. He contends that there is no evidence in the Bible of a genesis or development from one frame of justice to another. Rather, a sense of justice has existed in the human mind from time immemorial, with the three frames coexisting and manifesting themselves in both inter- and intra-group relations. The prominence of one frame over another at any particular point in history or in a particular geographical location is influenced by a variety of factors, though it is ultimately open to human choice. Pelton compares and contrasts the philosophies of nonviolence and liberalism in regard to the frames, and explores the relationships between principle, sentiment, reason, justice, and policy. He discusses social science's problematic relationship to justice in policymaking--for instance, how scholars have focused more on the effectiveness of policies, largely in terms of statistical outcomes reflecting aggregate data analyses, than on their justice. He goes on to explore in depth how frames of justice give direction to social policies, including those of genocide. Frames of Justice is an outstanding work that analyzes the question of justice and social policy, while simultaneously exploring the notion of desert in religion, philosophy, and legislation--especially within the context of the moral question of the relationship between means and ends--and contrasting it with the principle of life affirmation.

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan's predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people's deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

The Roman Catholic Church's first significant legislative enactment on the nature and role of the Catholic university, the apostolic constitution "Ex corde Ecclesiae" (1990) grew out of thirty years of dialogue between ecclesiastical authorities and academic representatives. The final document affirms the explicit Catholic identity of Catholic educational institutions and outlines provisions for maintaining that identity; the questions of how to implement its provisions have in turn created the need for more dialogue and examination. In this volume, distinguished scholars and legal experts define the key questions and explore the future implications of "Ex corde" for American Catholic colleges and universities.

The assertion of the Catholic identity of Catholic institutions of higher education prompts the contributors to examine the definition of Catholic education as a special synthesis of the religious and the academic, of faith and reason; and to discuss corollary issues such as secularization; the counter-cultural features of Catholic education; and the great diversity of such schools in the United States and of their sponsoring religious orders. The contributors probe the schools' relationships with the Church hierarchy, exploring in particular the role of the bishops, the degree of autonomy from ecclesiastical control, and questions of academic freedom. They also consider specific legal issues that American Catholic colleges must face, including recognition of student groups, tenure and promotion decisions, governance, student and faculty conduct, and the relationship between canon and civil law, including compliance with national and local civil rights provisions. This volume also includes the complete text in English of "Ex corde Ecclesiae" and the preliminary draft of ordinances from the "Ex corde Ecclesiae" Implementation Committee of the National Conference of Catholic Bishops.

Appearing at a time when universities must face major issues of their own identity and governance, this volume will be of interest to all faculty and administrators, diocesan authorities and legal counsel, and everyone concerned with the future of Catholic higher education.

The Social Security Handbook: Overview of Social Security Programs, 2019 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.

"The Mythology of Modern Law" is a radical reappraisal of the role of myth in modern society. Fitzpatrick uses the example of law, an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to the practice of law in modern society. Peter Fitzpatrick argues that law is mythic both in its origin and as a continuing social force, and depends for its identity on other mythic categories, such as the nation, the individual and the "sciences of man and society". He traces the development of the hold of mythology on Western society to the Enlightenment, despite the supposedly secular rationality of that period, and shows how it was strengthened by the experience of imperialism, when European identity was created in opposition to racially defined "others". Challenging and controversial, "The Mythology of Modern Law" questions current conceptions of legal and social theory. It revises the very foundations of jurisprudence and the sociology of law and undermines the exclusive stands taken within these disciplines.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.

We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that judicial dispute should be avoided, and that the law is a type of teaching, or "wisdom."

These sixteen studies consider the interrelationship between social change and the development of new kinds of law and authority during Late Antiquity (260-640 AD). They provide new ways of looking at both the law and the society of this period, in the context of the kinds of impacts that each had on the other against the backdrop of the manifestations of new kinds of authority.

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.

Over two billion people still live under authoritarian rule. Moreover, authoritarian regimes around the world command enormous financial and economic resources, rivaling those controlled by advanced democracies. Yet authoritarian regimes as a whole are facing their greatest challenges in the recent two decades due to rebellions and economic stress. Extended periods of hardship have the potential of introducing instability to regimes because members of the existing ruling coalition suffer welfare losses that force them to consider alternatives, while previously quiescent masses may consider collective uprisings a worthwhile gamble in the face of declining standards of living. Economic Shocks and Authoritarian Stability homes in on the economic challenges facing authoritarian regimes through a set of comparative case studies that include Iran, Iraq under Saddam Hussein, Malaysia, Indonesia, Russia, the Eastern bloc countries, China, and Taiwan-authored by the top experts in these countries. Through these comparative case studies, this volume provides readers with the analytical tools for assessing whether the current round of economic shocks will lead to political instability or even regime change among the world's autocracies. This volume identifies the duration of economic shocks, the regime's control over the financial system, and the strength of the ruling party as key variables to explain whether authoritarian regimes would maintain the status quo, adjust their support coalitions, or fall from power after economic shocks.

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.

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland & Webb take an engaging and practical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks - The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws. For futher insight into legal skills, visit legaleducation.wordpress.com.

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.

Criminal Law, Twelfth Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law, as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book's website and in Part II of this textbook. A robust collection of instructor support materials addresses teaching and learning issues. Updated with all the newest relevant law, this book is appropriate for undergraduate students in criminal law and related courses.

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law . Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition (allied with concern for the practical) is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary.

In this colorful and consistently engaging work, law and economics professor Gillian Hadfield picks up where New York Times columnist Thomas Friedman left off in his influential 2005 book, The World is Flat. Friedman was focused on the infrastructure of communications and technology-the new web-based platform that allows business to follow the hunt for lower costs, higher value and greater efficiency around the planet seemingly oblivious to the boundaries of nation states. Hadfield peels back this technological platform to look at the 'structure that lies beneath'-our legal infrastructure, the platform of rules about who can do what, when and how. Often taken for granted, economic growth throughout human history has depended at least as much on the evolution of new systems of rules to support ever-more complex modes of cooperation and trade as it has on technological innovation. When Google rolled out YouTube in over one hundred countries around the globe simultaneously, for example, it faced not only the challenges of technology but also the staggering problem of how to build success in the context of a bewildering and often conflicting patchwork of nation-state-based laws and legal systems affecting every aspect of the business-contract, copyright, encryption, censorship, advertising and more. Google is not alone. A study presented at the World Economic Forum in Davos in 2011 found that for global firms, the number one challenge of the modern economy is increasing complexity, and the number one source of complexity is law. Today, even our startups, the engines of economic growth, are global from Day One. Put simply, the law and legal methods on which we currently rely have failed to evolve along with technology. They are increasingly unable to cope with the speed, complexity, and constant border-crossing of our new globally inter-connected environment. Our current legal systems are still rooted in the politics-based nation state platform on which the industrial revolution was built. Hadfield argues that even though these systems supported fantastic growth over the past two centuries, today they are too slow, costly, cumbersome and localized to support the exponential rise in economic complexity they fostered. While everything else in the economy strives to become cheaper, sleeker and faster, our outdated approach to law hampers the invention of new products, the development of new business models, the structuring of global supply chains, the management of the risks posed by complex technologies, the evolution of financial, ecological, and other systems, as well as the protection of people and businesses as they and their products travel around the globe. They also fail to address looming challenges such as global warming and the reduction of poverty and oppression in the developing countries that are the backyard of global business. The answer to our troubles with law, however, is not the one critics usually reach for-to have less of it. Recognizing that law provides critical infrastructure for the cooperation and collaboration on which economic growth is built is the first step, Hadfield argues, to building a legal environment that does more of what we need it to do and less of what we don't. Through a sweeping review of first the invention and then the evolution of law over thousands of years of human development and the ways in which rule systems have consistently adapted to higher levels of complexity, Hadfield stresses that the state-based legal systems governing us today are not the only way to build the planks of a legal platform. Going back to fundamentals, she shows how historically, law's primary purpose has been to help societies to cope with the essential issues of trust, commitment, risk-allocation, and distribution that we face in coordinating cooperative ventures. While nation-state laws will never disappear, the time has come for us to supplement our legal infrastructure with rules developed on the same global platform as our economy. Hadfield offers a model for a more market- and globally-oriented legal system that fosters greater participation of end-users, market actors, and other non-governmental entities. Combining an impressive grasp of the empirical details of economic globalization with an ambitious re-envisioning of our global legal system, Rules for a Flat World promises to be a crucial and influential intervention into the debates surrounding how best to manage the evolving global economy.