This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history.

Now revised and expanded, Louis Jacobs's fascinating study shows how halakhic rulings through the ages have been influenced by social, economic, theological, and even political factors as well as by consideration of the wider ideals and demands of Judaism. Halakhic responses to changed social considerations, particularly regarding women and questions of personal status, new techologies and discoveries, and attitudes to non-Jews are all considered in depth.

Against a backdrop of seven hundred years of bourgeois struggle, eminent lawyer and educator, Michael E. Tigar, develops a Marxist theory of law and jurisprudence based upon the Western experience. This well-researched and documented study traces the role of law and lawyers in the European bourgeoisies's conquest of power and in the process complements the analyses of such major figures as R.H. tawney and Max Weber. Using a wide frange of primary sources, Tigar demonstrates that the legal theory of insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution.

Effective policy-making in the administration of justice requires a solid understanding of public behaviour. This book presents the results of the most wide-ranging survey ever conducted by an independent body or government agency into the experiences of ordinary citizens as they grapple with the sorts of problems that could ultimately end in the civil courts. Funded by the Nuffield Foundation, the survey identifies how often people experience problems for which there might be a legal solution and how they set about solving them.

Revealing crucial differences in the approach taken to different kinds of potential legal problems, the study describes the factors that influence decisions about whether and where to seek advice about problems, and whether and when to go to law. In addition to exploring experiences of courts, tribunals and ADR processes, the study also provides important insights into public confidence in the courts and the judiciary. For the first time the study reveals the public's perspective on access to civil justice and makes a significant contribution to debate about how far civil justice reforms coincide with public experience and expectations about resolving justiciable problems.

The "Law & Anthropology Yearbook" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 10 of "Law & Anthropology" includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the way in which the seemingly neutral criminal justice system of Canada discriminates against aboriginal people; the fact that land rights issues of indigenous peoples cannot be separated from political rights; the conceptual differences between the human rights concepts underlying the modern international system, and the concepts behind human rights as these are understood in the Guatemalan Highlands; and the relationship between the rights of indigenous peoples and upcoming new standards of environmental law.

This text presents a general theory of law based on the principles of liberation theology. Robert Rodes also points out the compatability of this theology with traditional doctrines of natural law and traditional Catholic social teaching.

The political editor of The Congressional Quarterly looks at how a bill becomes law--both on the open floors of Congress and behind closed doors. Using the Family and Medical Leave Act of 1993 as his focus, Ronald D. Elving shows how the bill was gradually expanded to draw support from both parties. "Authoritative and suspenseful".--The Washington Post Book World.

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.

The thirteen original essays in this collection evaluate the role of elections in the development of democracy in the nations of Central America: Costa Rica, Honduras, El Salvador, Guatemala, Nicaragua, and Panama. Exploring the region's transformation over the last fifteen years from dictatorial to electoral rule, this volume of new essays is a major expansion and reworking of Elections and Democracy in Central America , published by the UNC Press in 1989. The essays reevaluate the status of democratization in each country over the last six years, including the transition to civilian rule in Panama. In addition to the country-by-country analysis, the book includes topical chapters on comparative voting behavior, the impact of outside election observers, and the roles of foreign actors and elites in the election process. Although the contributors express skepticism about the prospects for some countries to consolidate democracy, they are, on the whole, optimistic about Central America's democratic future. |A updated edition of the classic guide to the trails along the Blue Ridge Parkway. Veteran hiker Leonard Adkins has added new trails and updated descriptions and details for many other trails. He includes hikes and walks for every skill and interest level, from five-minute ""leg-stretchers"" to overnight outings.

This volume of essays celebrates 21 years of research by the Centre for Socio-Legal Studies in Oxford. Socio-legal studies in the United Kingdom was pioneered by the Oxford Centre, with the support of the Economic and Social Research Council and the University of Oxford. Over the course of 21 years, the Centre has produced major and innovative studies in a number of areas including: regulation, family policy, law and psychology, law and economics, and business and the law. While the face of socio-legal studies has changed over 21 years, the Oxford Centre remains at the heart of the field and will continue to provide leadership and inspiration to others working within it.This book brings together the reflections of leading scholars from around the world on the life and work of the Oxford Centre. They record how the pioneering studies carried out by the Centre have become a bench-mark for researchers, and how the discipline of socio-legal research has developed. The scholars writing in this volume pay tribute to the achievements of the Oxford Centre and its role in developing the subject of Socio-Legal Studies. The contributors are Paul Rock, Anthony Ogus, William Twining, Robert Cooter, Maureen Cain, Shari Diamond, Volkmar Gessner, Andras Sajo, Peter Fitzpatrick, Richard Abel, Michael Faure, Geoffrey Stephenson, Robert Kagan, and Stewart Macaulay.

This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be. For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the chasm between theory and practice, between the abstraction of law and its actual societal effects. Examining such issues as the limits of legal change and the capacity of law to act as a revolutionary agent, the essays in this book offer a well-rounded introduction to the relationship between law and society. By focusing on flashpoint issues in legal studies-equality, consciousness and ideology, social control--and making ample use of engaging case studies, The Law and Society Review provides an invaluable resource for scholars and students alike.

Society and individual members thereof who approach the court in conscience desire justice. They place their hope not only in the knowledge but also in the morality of the judges. At a time when the values of the judiciary are under intense scrutiny, Noonan and Winston present an extensive, highly informed collection of readings with commentary and explication. They address the concept and role of judge, the act of judging, and the requirements and potential abuses inherent in the system and process of sitting in judgment. This is a reflective, yet eminently realistic consideration of the fundamental issues and questions involved in establishing a reasonable framework for assessing judicial morality. The work first examines qualities of the ideal, corrupt, and over-zealous or political judge. The editors next address the judge's role and response in view of the tensions rising not only from the facts of the case and legal precedents but also from such human qualities as compassion. They also look at the power of social expectations and personal beliefs as possible influences on judicial decisions. Finally, the editors consider the need judges have for independence and study that necessary factor in relationships to accountability and also potential for abuse. This is a learned, inclusive, yet accessible and captivating, work. It will clarify and reinvigorate discussion of critically important issues fundamental to an ethical judiciary.

In this volume Russell Hittinger presents a comprehensive and critical treatment of the attempt to restate and defend a theory of natural law, particularly as proposed by Germain Grisez and John Finnis. A Critique of the New Natural Law Theory begins by examining the positions of various moral philosophers such as Alasdair MacIntyre, Alan Donogan, Elizabeth Anscombe, and Stanley Hauerwas, who wish to recover particular facets of premodern ethics. Hittinger then explores the work of Grisez and Finnis, who claim to have recovered natural law in a manner that avoids the standard objections brought against it since the Enlightenment; they thus claim to have recovered natural law theory available once again for moral theology. Hittinger examines this new theory for internal coherence and consistency. In addition, he examines whether it is sufficiently comprehensive to explicate the religious, anthropological, and metaphysical questions that bear upon natural law ethics. He argues that the new natural law theory fails because it does not take into account philosophical anthropology and metaphysics. It cannot show how and why “nature” is normative for human activity. Hittinger concludes that if natural law theory is to be recovered, we must discover how to constructively bring theoretical rationality to bear upon ethics and practical rationality. Until this is done, he asserts, we will not have a defensible theory of natural law.

Why divisions have deepened and what can be done to heal them. As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes-in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book's editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world's democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.

Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

As the first comprehensive study of Buddhism and law in Asia, this interdisciplinary volume challenges the concept of Buddhism as an apolitical religion without implications for law. Buddhism and Law draws on the expertise of the foremost scholars in Buddhist studies and in law to trace the legal aspects of the religion from the time of the Buddha to the present. In some cases, Buddhism provided the crucial architecture for legal ideologies and secular law codes, while in other cases it had to contend with a pre-existing legal system, to which it added a new layer of complexity. The wide-ranging studies in this book reveal a diversity of relationships between Buddhist monastic codes and secular legal systems in terms of substantive rules, factoring, and ritual practices. This volume will be an essential resource for all students and teachers in Buddhist studies, law and religion, and comparative law.

Why do some states provide infrastructure and social services to their citizens, and others do not? In Development in Multiple Dimensions, Alexander Lee examines the origins of success and failure in the public services of developing countries. Comparing states within India, this study examines how elites either control, or are shut out of, policy decisions and how the interests of these elites influence public policy. He shows that social inequalities are not single but multiple, creating groups of competing elites with divergent policy interests. Since the power of these elites varies, states do not necessarily focus on the same priorities: some focus on infrastructure, others on social services, and still others on both or neither. The author develops his ideas through quantitative comparisons and case studies focusing on four northern Indian states: Gujarat, West Bengal, Bihar, and Himachal Pradesh, each of which represents different types of political economy and has a different set of powerful caste groups. The evidence indicates that regional variation in India is a consequence of social differences, and the impact of these differences on carefully considered distributional strategies, rather than differences in ideology, geography, or institutions.

In this startling book, Drury overturns the long-standing reputation of Thomas Aquinas as the most rational exponent of the Christian faith. She reveals that Aquinas as one of the most zealous Dominicans (Domini Canes) or Hounds of the Lord. The book contains incisive criticisms of Aquinas's reconciliation of faith and reason, his defense of papal supremacy, his justification of the Inquisition, his insistence on the persecution of Jews, and his veneration of celibacy. Far from being an antiquarian exercise, Drury shows why the study of Aquinas is relevant to the politics of the twenty-first century, where the primacy of faith over reason has experienced a revival. The current pope, Benedict XVI, relies heavily on Aquinas when prescribing cures for the ills of modernity. For Drury, religion is as incompatible with political moderation and sobriety in our time as it was in the thirteenth century. This is why she defends a secular version of Aquinas's theory of natural law_a theory that he betrayed in favor of what she calls 'the politics of salvation.'

Maybe not surprisingly, public law has always been seen as the vehicle for driving polity building in Europe. But what role might private law play? This collection argues that it plays a crucial one, as interactions in civil society, which it governs, are the bedrock of any shared identity. It take a four part approach when doing so; firstly, it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law. Next, it offers case studies to further support its position. Finally, it offers a mosaic where expert practitioners articulate the role that European private law judges see for themselves in building common ground. This important book will be read with interest by all scholars of European law, both public and private.

What makes Israeli law Israeli? Why is the word 'Jewish' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and 'authentic' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.

The readings in Justice include the central philosophical statements about justice in society organized to illustrate both the political vision of a good society and different attempts at an analysis of the concept of justice.