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.

'If Henriques were a fictional character, he would be a celebrity, the kind of dashing, hawkish QC who turns up in Agatha Christie novels and is recognised by everybody... There is an undeniable, lawyerly authenticity about Henriques's book. He takes us meticulously through his cases... It is fascinating to read.' - Dominic Sandbrook, Sunday Times Sir Richard Henriques has been centre stage in some of the most high-profile and notorious cases of the late 20th and early 21st centuries. After taking silk in 1986, over the course of the next 14 years he appeared in no fewer than 106 murder trials, including prosecuting Harold Shipman, Britain's most prolific serial killer, and the killers of James Bulger. In 2000 he was appointed to the High Court Bench and tried the transatlantic airline plot, the Morecambe Bay cockle pickers, the killing of Jean Charles de Menezes, and many other cases. He sat in the Court of Appeal on the appeals of Barry George, then convicted of murdering Jill Dando, and Jeremy Bamber, the White House Farm killer. In From Crime to Crime he not only recreates some of his most famous cases but also includes his trenchant views on the state of the British judicial system; how it works - or doesn't - and the current threats to the rule of law that affect us all.

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.

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.

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.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

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.

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.

There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries-and, to some extent, all Muslims-are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.

This book explores the various issues characterizing the African mining sector, it draws examples from different African countries and regional organisations. Although there is a massive literature on the subject, some issues have been neglected, including the crucial role of digitalization and technological advancement in resolving the environmental and social challenges faced in Artisanal and Small-Scale Mining; deep-sea mining; mining contract negotiations; modernising the mining laws to reflect the increasing role of critical minerals, to mention but a few. Therefore, the book unpacks the critical issues associated with the mining sector, explicitly reflecting on the practical solutions needed to address the challenges in the African mining sector. This book uniquely analyses and adds flavour to the international mining's fundamental concepts by describing a simulated annealing-based approach appropriate for complex mining projects in Africa. Book contributors comprise of academics from different universities including professors, practitioners, government policymakers, NGO executives, and a variety of different experts. This multi-disciplinary book will be of interest to African policymakers, governments, academics, industry professionals, energy and mining institutions, international organisations, universities across the globe and companies.

Explains the most effective ways to discuss the legal and financial responsibilities that come with the end of life and tools for managing them—such as wills, trusts, estate planning, and cash management—in the context of financial psychology. Dying is complicated. It presents myriad challenges at a time when people are least prepared to deal with complexity. Typically, aging people turn to their adult children and grandchildren, their caregivers, and their professional advisors to guide them in their final years. This book is aimed directly at the children and grandchildren of aging parents to prepare them for meaningful conversations with their parents and among themselves. It gives them the tools they need to communicate knowledgeably with caregivers and professional advisors and to make important decisions with, or on behalf of, those who depend on them. The authors provide legal and financial tools and techniques, including wills and trusts, cash management, and investment planning, approaching each from both a financial and a psychological perspective. They recognize that some of the challenges that people face during their last few years of life cannot be controlled and describe not only what these tools and techniques can do but also what they can't. Those that cannot be controlled, however, can still be managed, and the authors explain with clarity and compassion how to deal with them through psychological and spiritual engagement.

The law of estoppel is a modern concept with a medieval label. It concerns the enforcement of obligations outside the law of contract and tort; we might call it the law of consistency, which obliges people to stand by things they have said. This is a book for lawyers, but will be of interest to other readers as a picture of how the law has tried to deal with its own shortcomings. The book will be of interest practitioners and scholars in other jurisdictions particularly Australia and New Zealand.

Written for practitioners and policymakers, this book will help professionals across health, education, social care and juvenile justice services to understand the needs of young offenders and adolescents at risk of entering the criminal justice system. Developmental in approach, the textbook provides a comprehensive overview of forensic child and adolescent mental health, using cases to help clinicians link theoretical principles to practice and understand how mental health and neurodevelopmental impairment can relate to offending behaviour. With an emphasis on preventive initiatives, early intervention and the building of psycho-social resilience through the delivery of values based practice, this book highlights the need for comprehensive assessment for young people across multiple domains of their lives. This book is of interest to all clinicians working within mental health teams, practitioners working with children and adolescents, professionals involved with youth justice and medico-legal issues, and politicians responsible for establishing health and social policy.

Trade, Competition and Domestic Regulatory Policy presents a unique combination of analysis of both international trade and investment policies, and competition and regulatory policies. Increasingly, policymakers, businesses and the law and economics professions need to better understand how changes and policy developments in international trade and competition developed and how their interaction impacts on global business. In addition to providing a comprehensive analysis of the attempts of international trade theory and practice to deal with tariffs, non-tariff barriers, market distortions and failures to protect various kinds of property rights, this book contains a detailed treatment of how property rights protection, including intangible property rights are a critical element of ensuring open trade and competitive markets. It examines how these rights have developed over time, and how they have been integrated into trade and competition policy. This book will be of significant interest to students of international business, professors of economics, law and business, and policymakers at the intersection of trade, investment, competition and property rights.

Against a background of calls to prioritise the improvement of financial inclusion in Africa, this book provides an analysis of current financial inclusion measures in Southern Africa. Evaluating the existing strengths and weaknesses of financial inclusion in Africa, it identifies opportunities to improve inclusive financial services and aid poverty reduction in the region. With a focus on South Africa, Namibia, Botswana, and Zimbabwe as case studies for assessing current financial inclusion in the context of particular challenges faced by unbanked and underbanked customers, who are easy targets for cybercriminals due to low levels of digital literacy, it looks into the regulation and promotion of financial inclusion in Southern Africa. The book explores financial inclusion in the context of digital transformation in the 21st century, examining the regulation and promotion of financial inclusion in the context of digital transformation, as well as the challenges related to financial inclusion. Suggesting improvements to aspects of company law, securities and financial markets in the Southern African Development Community region, the book offers a comprehensive study on the regulation and promotion of financial inclusion in the Southern African Development Community region. It will be essential reading for students and academics researching financial inclusion, international economic law and development.

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions ? what, if anything, can legitimate state exercises of coercive force? What is coercion in politics and law? ? and essays that take a first or nearly first look at newer questions ? may the state coercively hold certain terrorists indefinitely? Does the state coerce those seeking to join in same-sex marriage when it refuses to extend legal recognition to same-sex marriage? Can there be a just international order without some agency possessed of the final and rightful authority to coerce states? Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.

Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.

The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.

Hailed as one of the most important works in the history of sociology, and a precursor to the revolutionary theoretical approach of pure sociology, this short and lucid book is as relevant today as when it was first published in 1976. To honour this seminal book, Emerald is pleased to announce that it will publish a special edition of "The Behavior of Law," including a number of additional features: a new foreword from Mark Cooney; an interview with the author, entitled "How Law Behaves"; reflections from a number of prominent sociologists on "The Behavior of Law"'s impact over the last thirty years. It features an author profile written by Randall Collins.

Sovereign wealth funds are state-controlled pools of capital that hold financial and real assets, including shares of state enterprises, and manage them to grow the nation's base of sovereign wealth. The dramatic rise of sovereign wealth funds (SWFs) in both number and size-this group is now larger than the size of global private equity and hedge funds, combined-and the fact that most are located in non-OECD countries, has raised concern about the direction of capitalism. Yet SWFs are not a homogenous group of actors. Why do some countries with large current account surpluses, notably China, create SWFs while others, such as Switzerland and Germany, do not? Why do other countries with no macroeconomic justification, such as Senegal and Turkey, create SWFs? And why do countries with similar macroeconomic features, such as Kuwait and Qatar or Singapore and Hong Kong, choose different types of SWFs? Capital Choices analyzes the creation of different SWFs from a comparative political economy perspective, arguing that different state-society structures at the sectoral level are the drivers for SWF variation. Juergen Braunstein focuses on the early formation period of SWFs, a critical but little understood area given the high levels of political sensitivity and lack of transparency that surround SWF creation. Braunstein's novel analytical framework provides practical lessons for the business and finance organizations and policymakers of countries that have created, or are planning to create, SWFs.

This collection contains texts from both fields of law and economics. The material demonstrates the complexity of correlating the two areas, examining the relationship between the economy and the legal system and exploring the fundamental social processes and problems involved therein.