The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. Like other Past and Present conference proceedings, the volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalized courts of classical Athens and of the early Middle Ages and the alien, imposed legal systems of colonial Rhodesia and Kenya. The Moral World of the Law is based upon papers delivered at the conference of that name, sponsored by the journal Past and Present and held at the University of Birmingham in 1996.

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

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.

Despite abundant literature on transaction costs, there is little to no in-depth analysis regarding what the transaction is or how it works. Drawing on both Old and New Institutional Economics and on a variety of interdisciplinary sources, this monograph traces the history of the meaning of transaction in institutional economics, mapping its topicality and use over time. This manuscript treats the idea of 'transaction' as a construct with legal, competitive and political dimensions, and connects different approaches within institutional economics. The book covers the contributions of key thinkers from different schools, including (in alphabetical order) Ronald H. Coase, John R. Commons, Robert Lee Hale, Oliver Hart, Mancur Olson, Thorstein Veblen and Olver E. Williamson. This book will be of interest to advanced students and researchers of institutional economics, law and economics, and economics, and the history of economic thought.

Over the course of the twentieth century, most Middle East states adopted a shari'a-based system for recognizing marriages. Partly in reaction to these dynamics, new types of marriage that evade the control of the state and religious authorities have emerged. These marriages allow for men and women to engage in sexual relationships, but do not require that they register the marriage with the state, that they live together, or that the man be financially responsible for the wife or household. In Consuming Desires, Frances Hasso explores the extent to which these new relationship forms are used and to what ends, as well as the legal and cultural responses to such innovations. She outlines what is at stake for the various groups—the state, religious leaders, opposition groups, young people, men and women of different classes and locations, and feminist organizations—in arguments for and against these relationship forms.

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.
Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. It focuses on the inter-connections between the two disciplines and also includes case studies from around the world.

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

This book offers original contributions to the debate over the issue of equality of opportunity. Lesley Jacobs sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. He then considers the practical ways that courts, legislatures or public policy makers can address racial, class or gender injustices. Jacobs examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce in this context.

Peter Sutton highlights fundamental anthropological issues concerned with customary rights, kinship, identity and spirituality that are highly relevant to land claim cases. Native land claims continue to be one of the most controversial political, legal and moral issues in contemporary Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt "native title" to different contexts and claims has been an ongoing concern for all involved.

Over the last ten years mobile payment systems have revolutionised banking in some countries in Africa. In Kenya the introduction of M-Pesa, a new financial services model, has transformed the banking and financial services industry. Giving the unbanked majority access to the financial services market it has attracted over 18 million subscribers which is remarkable given that fewer than 4 million people in Kenya have bank accounts. This book addresses the legal and regulatory issues arising out of the introduction of M-Pesa in Kenya and its drive towards financial inclusion. It considers the interaction between regulation and technological innovation with a particular focus on the regulatory tools, institutional arrangements and government decisional processes through the examination as a whole of its regulatory capacity. This is done with a view to understanding the regulatory capacity of Kenya in addressing the vulnerabilities presented by technological innovation in the financial industry for consumers after financial inclusion. It also examines the way that mobile payments have been regulated by criticising the piecemeal approach that the Central Bank of Kenya has taken in addressing the legal and regulatory issues presented by mobile payments. The book argues there are significant gaps in the regulatory regime of mobile banking in Kenya.

Native title has often been one of the most controversial political, legal and indeed moral issues in Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt native title to different contexts and claims has been an ongoing concern for that broad range of people involved with claims. In this book, originally published in 2003, Peter Sutton sets out fundamental anthropological issues to do with customary rights, kinship, identity, spirituality and so on that are relevant for lawyers and others working on title claims. Sutton offers a critical discussion of anthropological findings in the field of Aboriginal traditional interests in land and waters, focusing on the kinds of customary rights that are 'held' in Aboriginal 'countries', the types of groups whose members have been found to enjoy those rights, and how such groups have fared over the last 200 years of Australian history.

David Powers analyzes the application of Islamic law through six cases which took place during the period 1300 to 1500 in the Maghrib. The source for these disputes are fatwas issued by the muftis, which Powers uses to situate each case in its historical context and to interpret the principles of law. He demonstrates that, contrary to popular stereotypes, muftis were dedicated to reasoned argument. The book represents a ground-breaking approach to a complex subject area for students and scholars.

This study examines the Law Reports of Sir John Davies and litigation pleaded before the central Irish courts during the period in which Davies served in Ireland as solicitor-general (1603–6) and attorney-general (1606–19). The author’s main concern is to explicate the legal and jurisprudential issues involved and to draw out their deeper political implications. He argues that, in the absence of a malleable parliament, judge-made law became the instrument by which the Jacobean regime consolidated the Tudor conquest. The book also touches on the influence of the implementation of the law on the Irish coinage, Gaelic tenurial customs and religious conformity. More controversial themes include the origins of precedent in the Anglo-American legal tradition, the use of continental civil law in common law litigation and the relationship of early modern Ireland to the development of an imperial jurisprudence.

Focusing on U.S. property rights law and the notions of private property and the Rule of Law, this book paints an unconventional picture of law and rights in general. Law and rights shift and cycle as systematic factors like increasing numbers and complexity produce tough institutional choices and unexpected combinations of goals and institutions, such as private property best protected by the unconstrained political process and communitarian values best achieved through exit and atomistic markets. These forces also frustrate attempts to export the U.S. image of rights. Although there may be an important role for law, rights and courts both in the U.S. and abroad, it can not be easily defined. This book proposes a way to define that role and to change the way we look at law.

One of the principal arguments put forth by Brexit supporters is that by freeing the UK from the stranglehold of EU law, the country will be able to expand its markets through increased bilateral trade and enhance economic growth. This book tests this proposition by reference to the car industry. Brexit and the Car Industry explores the international position of the car market to argue that the hope of Brexit bringing regulatory freedom is illusory. The book starts by examining the structure of the vehicle industry, how its regulatory framework evolved and how the environment in which it operates is constrained by international standards and the practicalities associated with trading across different regulatory systems. By examining the evolution of vehicle regulations, particularly related to the environment, it argues that a UK independent path is not only impractical but self-defeating. The private car market is structured in such a way that is global, and meeting the various international regulatory requirements is a price of entry requirement which no bilateral trade agreements are likely to alter. The book also considers changing environment affecting the car industry in the context of an aspiration for regulatory freedom. The response to climate change and the impact of technological change - specifically driverless vehicles - are big questions for the industry and both are examined in this book. The book also considers the emergence of large metropolitan areas imposing their own use and environmental requirements operating separately to national standards. The future of electric and autonomous vehicles combined with the complexity of the regulatory environment with both international and localised pollution measures make the UK navigating a safe independent path through with a viable car industry highly questionable. Providing a comprehensive review of the relationship between regulatory frameworks and free trading models, this book is aimed at industry and legal professionals. It will also be of interest to students studying market behaviour, free trade law and the free movement of goods, and environmental protection.

Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the justice process.

This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.

This collection brings together new essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. The volume addresses such questions as: is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law.

This study examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence of theories of natural law from Grotius to Kant, with a comparative analysis of important intellectual innovations in ethics and political philosophy. This book assesses the first histories of political thought, giving insights into eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, it will be of great interest to scholars in history, political thought, law and philosophy.

The dominant and deceptively simple theme of this book is the relationship between the moral environment of the courtroom and that of the society in which the court is situated. The volume ranges widely across time and space, from ancient Greece to twentieth-century Africa. As a consequence, it encompasses not only the highly professional legal systems of the Roman, later medieval and modern worlds, but also the relatively unprofessionalized courts of classical Athens and of the early Middle Ages and the alien, imposed legal systems of colonial Rhodesia and Kenya.

The specter of the sacred always haunts the law, even in the most resolute of contemporary secular democracies. Indeed, the more one considers the question of the relation between law and the sacred, the more it appears that endless debate over the proper relationship of government to religion is only the most quotidian example of a problematic that lies at the heart of law itself. And currently, as some in the United States grapple with the seeming fragility of secular democracy in the face of threatening religious fundamentalisms, the question has gained a particular urgency. This book explores questions about the fundamental role of the sacred in the constitution of law, historically and theoretically. It examines contemporary efforts to separate law from the sacred and asks: How did the division of law and sacred come to be, in what ways, and with what effects? In doing so, it highlights the ambivalent place of the sacred in the self-image of modern states and jurisprudence. For if it is the case that, particularly in the developed West, contemporary law posits a fundamental conceptual divide between sacred and secular, it nevertheless remains true that the assertion of that divide has its own history, one that defines Western modernity itself.

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.