Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.

He argues for the reconstruction of legal analysis as a discipline of institutional imagination. He shows how a changed practice of legal analysis can help us re-imagine and reshape the dominant institutions of representative democracy, market economy and free civil society. The search for basic social alternatives, largely abandoned by philosophy and politics, can find in such a practice a new point of departure. Unger criticizes the dominant, rationalizing style of legal doctrine, with its obsessional focus upon adjudication and its urge to suppress or contain conflict or contradiction in law. He shows how we can turn legal analysis into a way of talking about the alternative institutional futures of a democratic society. The programmatic proposals of Unger's Politics are here placed within a wider field of possibilities. A major concern of the book is to explore how professional specialties such as legal thought can inform the public debate in a democracy. The book exemplifies this connection: Unger's arguments are accessible to those with no specialized knowledge of law or legal theory.

Baker and Milsom's Sources of English Legal History is the definitive source book on the development of English private law. This new edition has been comprehensively revised and udpated to incorporate new sources discovered since the original publication in 1986, and to reflect developments in recent scholarship. All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law. The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.

Scholars have long debated the meaning of the pursuit of happiness, yet have tended to define it narrowly, focusing on a single intellectual tradition, and on the use of the term within a single text, the Declaration of Independence. In this insightful volume, Carli Conklin considers the pursuit of happiness across a variety of intellectual traditions, and explores its usage in two key legal texts of the Founding Era, the Declaration and William Blackstone's Commentaries on the Laws of England. For Blackstone, the pursuit of happiness was a science of jurisprudence, by which his students could know, and then rightly apply, the first principles of the Common Law. For the founders, the pursuit of happiness was the individual right to pursue a life lived in harmony with the law of nature and a public duty to govern in accordance with that law. Both applications suggest we consider anew how the phrase, and its underlying legal philosophies, were understood in the founding era. With this work, Conklin makes important contributions to the fields of early American intellectual and legal history.

Why do some people take a neighbor to court over a barking dog or some other nuisance while others accept the pains and losses associated with defective products or discrimination without seeking legal recourse? Patricia Ewick and Susan S. Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three narratives of law common to the stories people tell. One is based on the perception that the law is magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third describes the law as an arbitrary power that can be actively resisted. Drawing on these extensive case studies, Ewick and Silbey interweave individual experiences with an analysis that constructs a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law shows an institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.

John Locke's untitled manuscript "Questions Concerning the Law of Nature" (1664) was his only work focused on the subject of natural law, a circumstance that is especially surprising since his published writings touch on the subject frequently, if inconclusively. Containing a substantial apparatus criticus, this new edition of Locke's manuscript is faithful to Locke's original intentions.

The most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability. Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. · Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law · Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes · Comprehensive content on employability, including CV preparation and transferable skills, alongside features like 'Practice tip', 'What the professionals say' and 'Selling your skills' · Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology · New content on retained EU law, following post-Brexit changes · New chapter on revision and assessment including topics on SBAQs, online assessment, and physical and mental wellbeing Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions and links to useful websites for each chapter, interactive diagrams, guidance on the practical exercises, and sample interview questions.

In Rising Powers and Foreign Policy Revisionism, Cameron Thies and Mark Nieman examine the identity and behavior of the BRICS (Brazil, Russia, India, China, and South Africa) in light of concerns that rising powers may become more aggressive and conflict-prone. The authors develop a theoretical framework that encapsulates pressures for revisionism through the mechanism of competition, and pressures for accommodation and assimilation through the mechanism of socialization. The identity and behavior of BRICS should be a product of these two forces as mediated by their domestic foreign policy processes. State identity is investigated qualitatively by using role theory and identifying national role conceptions, while economic and militarized conflict behavior are examined using Bayesian change-point modeling, which identifies structural breaks in a time series of data revealing potential wholesale revision of foreign policy. Using this innovative approach to show the behavior of rising powers is not simply governed by the structural dynamics of power, but also by the roles these rising powers define for themselves, they assert this process will likely lead to a much more evolutionary approach to foreign policy and will not necessarily generate international conflict.

Justice in Public Life comprises three essays which are edited versions of lectures delivered at Westminster Abbey Institute by Revd Dr James Hawkey, Dr Claire Foster-Gilbert and Revd Jane Sinclair. The essays look at the meaning of justice for the 21st century expressed through principles; justice as it can be expressed by our public service institutions; and how justice is expressed in society more widely. Justice in Public Life brings a dry concept to life in a call to public servants to nurture it as a virtue pursued individually and communally, as a means to serve human flourishing.

Why do the armed forces sometimes intervene in politics via short-lived coups d'etat, at other times establish or support authoritarian regimes, or in some cases come under the democratic control of civilians? To find answers, Yaprak Gursoy examines four episodes of authoritarianism, six periods of democracy, and ten short-lived coups in Greece and Turkey, and then applies her resultant theory to four more recent military interventions in Thailand and Egypt. Based on more than 150 interviews with Greek and Turkish elites, Gursoy offers a detailed analysis of both countries from the interwar period to recent regime crises. She argues that officers, politicians, and businesspeople prefer democracy, authoritarianism, or short-lived coups depending on the degree of threat they perceive to their interests from each other and the lower classes. The power of elites relative to the opposition, determined in part by the coalitions they establish with each other, affects the success of military interventions and the consolidation of regimes. With historical and theoretical depth, Between Military Rule and Democracy will interest students of regime change and civil-military relations in Greece, Turkey, Thailand, and Egypt, as well as in countries facing similar challenges to democratization.

The focus of this book is the unique socio-political and socio-cultural community of the Grand Duchy of Lithuania in the golden age of the late fifteenth to early seventeenth century. This study analyses the cultural and political impact of the values disseminated in the newly created state, such as the concept of the state itself, its governance, representation, laws, and other elements of the socio-political system.Through theoretical and factographic arguments, this book demonstrates that the Grand Duchy of Lithuania was a social, political, and cultural link between geopolitical and geo-cultural spaces of the Roman West and the Byzantine East. Located at the cultural crossroads of Europe, Lithuania was an ethnically diverse, multilingual, multi-faith, multicultural national space. Nurtured by international contacts, its political system developed rapidly, influencing the formation of geopolitical and geo-cultural mentality of the whole Central Eastern European region.

From outlawing polygamy and mandating public education to protecting the rights of minorities, the framing of group life by the state has been a subject of considerable interest and controversy throughout the history of the United States. The subject continues to be important in many countries. This book deals with state responses to cultural difference through the examination of a number of encounters between individuals, groups, and the state, in the United States and elsewhere. The book opens the concepts of groups and the state, arguing for the complexity of their relations and interpenetrations.

Carol Weisbrod draws on richly diverse historical and cultural material to explore various structures that have been seen as appropriate for adjusting relations between states and internal groups. She considers the experience of the Mormons, the Amish, and Native Americans in the United States, the Mennonites in Germany, and the Jews in Russia to illustrate arrangements and accommodations in different times and places. The Minorities Treaties of the League of Nations, political federalism, religious exemptions, nonstate schools, and rules about adoption are among the mechanisms discussed that sustain cultural difference and create frameworks for group life, and, finally, individual life. At bottom, "Emblems of Pluralism" concerns not only relations between the state and groups, public and private, but also issues of identity and relations between the self and others.

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg's critics--not to mention his supporters--have spent nearly two decades debating the arguments he first put forward in "The Hollow Hope," With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform.
Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it's nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak--far from the uniquely powerful sources for change they're often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions--particularly "Brown v. Board of Education" and "Roe v. Wade," He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than "Brown" to advance desegregation, while pro-choice activists invested too much in "Roe" at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile.
Directly addressing its critics in a new conclusion, "The Hollow Hope, Second Edition" promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

When and why do democratic political actors change the electoral rules, particularly regarding who is included in a country's political representation? The incidences of these major electoral reforms have been on the rise since 1980.Electoral Reform and the Fate of New Democracies argues that elite inexperience may constrain self-interest and lead elites to undertake incremental approaches to reform, aiding the process of democratic consolidation. Using a multimethods approach, the book examines three consecutive periods of reform in Indonesia, the world's largest Muslim majority country and third largest democracy, between 1999 and 2014. Each case study provides an in-depth process tracing of the negotiations leading to new reforms, including key actors in the legislature, domestic civil society, international experts, and government bureaucrats. A series of counterfactual analyses assess the impact the reforms had on actual election outcomes, versus the possible alternative outcomes of different reform options discussed during negotiations. With a comparative analysis of nine cases of iterated reform processes in other new democracies, the book confirms the lessons from the Indonesian case and highlights key lessons for scholars and electoral engineers.

Combining history of science and a history ofuniversities with the new imperial history, Universitiesin Imperial Austria 1848-1918: A Social History of a Multilingual Space by Jan Surman analyzes the practice of scholarly migration and its lastinginfluence on the intellectual output in the Austrian part of the HabsburgEmpire. The Habsburg Empire and its successor stateswere home to developments that shaped Central Europe's scholarship well into the twentieth century. Universities became centers of both state- and nation-building,as well as of confessional resistance, placing scholars if not in conflict,then certainly at odds with the neutral international orientation of academe. By going beyond national narratives, Surman reveals the Empire as a state with institutions divided by language but united by legislation, practices, and other influences. Such an approach allows readers a better view to how scholars turned gradually away from state-centric discourse to form distinct language communities after 1867; these influences affected scholarship, and by examining the scholarly record, Surman tracks the turn. Drawing on archives in Austria, the Czech Republic, Poland, and Ukraine, Surman analyzes the careers of several thousandscholars from the faculties of philosophy and medicine of a number of Habsburguniversities, thus covering various moments in the history of the Empire forthe widest view. Universities in Imperial Austria 1848-1918 focuses on the tension between the political and linguistic spaces scholars occupied and shows that this tension did not lead to a gradual dissolution of the monarchy's academia, but rather to an ongoing development of new strategies to cope with the cultural and linguistic multitude.

Roger Douglas compares responses to terrorism by five liberal democracies--the United States, the United Kingdom, Canada, Australia, and New Zealand--over the past 15 years. He examines each nation's development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.

Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government's impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of rather than within the law and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.

" S]trong, well-researched, and well-argued. . . . It is a useful book bringing together a clear and thoughtful analysis of the counter-terrorism law of five different countries."
--Robert Strassfeld, Case Western University School of Law

A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. · John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? · Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. · Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. · Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. · Many concrete, in-depth examples throughout the chapters.

This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?� and “How should law be made?� rather than those provided by legal positivism and “new� natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new� natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.

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.