This book brings to a culmination in later modern times the long and complicated history of ideas on sovereignty and the state that has occupied previous volumes in this series. The 19th and 20th centuries have witnessed the fruition of the legislative state "par excellence" as well as its companion concept, legislative sovereignty. This book tackles the ideas of numerous writers such as Bentham, Austin, Hegel, Marx, Savigny, Kelsen, Lenin, Bosanquet, Rawls, Hart, to mention a few, along with the views of many leaders like Gladstone, Lloyd George, Napoleon III, Bismarck, Cavour, Hitler, and Mussolini.

The common denominator of legislation is seen to underlie their concepts of sovereignty and the state across a diverse range of isms such as utilitarianism, positivism, idealism, socialism, and nationalism, in the 19th century and in related neo and anti-neo forms in the 20th century. This book's organization and classification of these and other issues is on the whole novel and comprehensive. As various reviewers have indicated, nothing of this magnitude on the subjects at hand has ever before been attempted. Finally, the book brings historical issues together to bear on the shape of sovereignty and the state today and into the future.

Through critical analysis of key concepts and measures of the rule of law, this book shows that the choice of definitions and measures affects descriptive and explanatory findings about nomocracy. It argues a constitutionalist legacy from centuries ago and explains why European civilisations display higher adherence to rule of law than other countries.

The rule of law, an ideology of equality and universality that justified Britain's eighteenth-century imperial claims, was the product not of abstract principles but imperial contact. As the Empire expanded, encompassing greater religious, ethnic and racial diversity, the law paradoxically contained and maintained these very differences. This book revisits six notorious incidents that occasioned vigorous debate in London's courtrooms, streets and presses: the Jewish Naturalization Act and the Elizabeth Canning case (1753-54); the Somerset Case (1771-72); the Gordon Riots (1780); the mutinies of 1797; and Union with Ireland (1800). Each of these cases adjudicated the presence of outsiders in London - from Jews and Gypsies to Africans and Catholics. The demands of these internal others to equality before the law drew them into the legal system, challenging longstanding notions of English identity and exposing contradictions in the rule of law. -- .

In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution.

The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written.

This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.

Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation’s history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.

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

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.

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

Every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates of England & Wales dealt with almost 1.4 million cases. But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system? The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua. Foreword by Malcolm Richardson OBE | Chair, Magistrates Association, 2015-17. All royalties due to The Secret Magistrate from sales of this book will go to charity.

Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.

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.

The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.

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.

Republican Legal Theory discusses the history, constitution and purposes of law in a free state. This is the most comprehensive study since James Madison, Alexander Hamilton and The Federalist of republican legal ideas. Sellers explains the importance of popular sovereignty, the rule of law, the separation of powers, and other essential republican checks and balances in protecting liberty and against tyranny and corruption.

For centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

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

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

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values.
Essential reading for anyone interested in the role of values or ideals in law.

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts."

Fact finding in judicial proceedings is a dynamic process. This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of dynamic evidentiary and inferential processes in litigation. The papers gathered here have several epicenters, including (i) the dynamics of judicial proof, (ii) the relationship between artificial intelligence or formal analysis and "common sense," (iii) the logic of factual inference, including (a) the relationship between causality and inference and (b) the relationship between language and factual inference, (iv) the logic of discovery, including the role of abduction and serendipity in the process of investigation and proof of factual matters, and (v) the relationship between decision and inference.

Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country. The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

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.

Rather than emphasising boundaries and territories by examining the 'integration' and 'acculturation' of the immigrant or the refugee, this book offers insights into the ideas and practices of individuals settling into new societies and cultures. It analyses their ideas of connecting and belonging; their accounts of the past, the present and the future; the interaction and networks of relations; practical strategies; and the different meanings of 'home' and belonging that are constructed in new sociocultural settings. The author uses empirical research to explore the experiences of refugees from the successor states of Yugoslavia, who are struggling to make a home for themselves in Amsterdam and Rome. By explaining how real people navigate through the difficulties of their displacement as well as the numerous scenarios and barriers to their emplacement, the author sheds new light on our understanding of what it is like to be a refugee.

Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This 2-volume explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including marriage, parentage, widowhood, adoption, inheritance, debt, liability, and so forth. It presents data that has been newly discovered, underreported, or omitted from previous works on ancient law. It also re-examines and reevaluates prior interpretations and conclusions, to enable the silent voices of ancient women to be heard and their invisible lives to be seen in the light of modern feminist scholarship.

Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This 2-volume explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including marriage, parentage, widowhood, adoption, inheritance, debt, liability, and so forth. It presents data that has been newly discovered, underreported, or omitted from previous works on ancient law. It also re-examines and reevaluates prior interpretations and conclusions, to enable the silent voices of ancient women to be heard and their invisible lives to be seen in the light of modern feminist scholarship.

This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.