Focusing on the argumentative, narrative, and descriptive style found in legal briefs and judicial opinions, The Elements of Legal Style (second edition) will be a thought provoking examination of effective argumentation in law.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

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.

"Rule of law"-the idea that the law is the nation's sovereign authority-has served as a cornerstone for constitutional theory and the jurisprudence of liberty. When law reigns over governors and the governed alike, a citizen need not fear capricious monarchs, arbitrary judges, or calculating bureaucrats. When a citizen obeys the law, life, liberty, and property are safe; when a citizen disobeys, the law alone will determine the appropriate punishment. While the rule of law's English roots can be found in the Middle Ages, its governing doctrine rose to power during the seventeenth and eighteenth centuries. John Phillip Reid traces the concept's progress through a series of landmark events in Great Britain and North America: the trial of Charles I, the creation of the Mayflower Compact, the demand for a codification of the laws in John Winthrop's Massachusetts Bay Colony, and an attempt to harness the Puritan Lord Protector Oliver Cromwell to the rule of law by crowning him king. The American Revolution, the culmination of two centuries of political foment, marked the greatest victory for rule of law. Even as Reid tells this triumphal story, he argues that we must not take for granted what the expression "rule of law" meant. Rather, if we are to understand its nuances, we must closely examine the historical context as well as the intentions of those who invoked it as a doctrine. He makes a convincing case; along the way, he employs generous quotations from key documents to fortify his sometimes startling insights. This combination of solid scholarship and intellectual agility is nothing less than what readers have come to expect from this eminent legal historian.

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.

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.

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.

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.

Duncan Kennedy argues that an American radicalism is both possible and desirable. One base for radical politics is the big institutional workplace; another is popular culture--whence his emphasis on phenomena like sexy dressing. Kennedy's aim is to wed the rebelliousness, irony, and irrationalism of cultural modernism and postmodernism to the earnestness of political correctness.

This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.

The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.

Preface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist ("Germanic"), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siecle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte ("New Right") to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.

This fast-paced, inspiring and original work proposes that, if religions fade, then secular law provides a much more comprehensive moral regime to govern our lives. Backed by potent and haunting images, it argues that the rule of law is the one universal framework that everyone believes in and that the law is now the most important ideology we have for our survival. The author explores the decline of religions and the huge growth of law and makes predictions for the future of law and lawyers. The book maintains that even though societies may decide they can do without religions, they cannot do without law. The book helpfully summarises both the teachings of all the main religions and the central tenets of the law - governing everything from human relationships to money, banks and corporations. It shows that, without these legal constructs, some of them arcane, our societies would grind to a halt. These innovative summaries make complex ideas seem simple and provide the keys to understanding both the law and religion globally. The book will appeal to both lawyers and the general reader. The book concludes with the author's personal code for a modern way of living to promote the survival of humankind into the future. Vividly written by one of the most important lawyers of our generation, this magisterial and exciting work offers a powerful vision of the role of law in centuries to come and its impact on how we stay alive.

From Moscow, the world looks different. It is through understanding how Russia sees the world and its place in it that the West can best meet the Russian challenge.Russia and the West are like neighbors who never seem able to understand each other. A major reason, this book argues, is that Western leaders tend to think that Russia should act as a "rational" Western nation even though Russian leaders for centuries have thought and acted based on their country's much different history and traditions. Russia, through Western eyes, is unpredictable and irrational, when in fact its leaders from the czars to Putin almost always act in their own very predictable and rational ways. For Western leaders to try to engage with Russia without attempting to understand how Russians look at the world is a recipe for repeated disappointment and frequent crises. Keir Giles, a senior expert on Russia at Britain's prestigious Chatham House, describes how Russian leaders have used consistent doctrinal and strategic approaches to the rest of the world. These approaches may seem deeply alien in the West, but understanding them is essential for successful engagement with Moscow. Giles argues that understanding how Moscow's leaders think not just Vladimir Putin but his predecessors and eventual successors will help their counterparts in the West develop a less crisis-prone and more productive relationship with Russia.

How can we distinguish between injustice and misfortune? What can we learn from the victims of calamity about the sense of injustice they harbor? In this book a distinguished political theorist ponders these and other questions and formulates a new political and moral theory of injustice that encompasses not only deliberate acts of cruelty or unfairness but also indifference to such acts. Judith N. Shklar draws on the writings of Plato, Augustine, and Montaigne, three skeptics who gave the theory of injustice its main structure and intellectual force, as well as on political theory, history, social psychology, and literature from sources as diverse as Rosseau, Dickens, Hardy, and E. L. Doctorow. Shklar argues that we cannot set rigid rules to distinguish instances of misfortune from injustice, as most theories of justice would have us do, for such definitions would not take into account historical variability and differences in perception and interest between the victims and spectators. From the victim's point of view-whether it be one who suffered in an earthquake or as a result of social discrimination-the full definition of injustice must include not only the immediate cause of disaster but also our refusal to prevent and then to mitigate the damage, or what Shklar calls passive injustice. With this broader definition comes a call for greater responsibility from both citizens and public servants. When we attempt to make political decisions about what to do in specific instances of injustice, says Shklar, we must give the victim's voice its full weight. This is in keeping with the best impulses of democracy and is our only alternative to a complacency that is bound to favor the unjust.

Original and interdisciplinary, this is the first book to explore the relationship between a neoliberal mode of governance and the so-called genetic revolution.

Looking at the knowledge-power relations in the post-genomic era and addressing the pressing issues of genetic privacy and discrimination in the context of neoliberal governance, this book demonstrates and explains the mechanisms of mutual production between biotechnology and cultural, political, economic and legal frameworks.

In the fist part Antoinette Rouvroy explores the social, political and economic conditions and consequences of this new 'perceptual regime'. In the second she pursues her analysis through a consideration of the impact of 'geneticisation' on political support of the welfare state and on the operation of private health and life insurances. Genetics and neoliberalism, she argues, are complicit in fostering the belief that social and economic patterns have a fixed nature beyond the reach of democratic deliberation, whilst the characteristics of individuals are unusually plastic, and within the scope of individual choice and responsibility.

This book will be of interest to all to all students of law, sociology and politics.

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.

In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors--internationally prominent scholars in the fields of law, philosophy, and social theory--includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in "Between Facts and Norms." This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.
These provocative, in-depth debates between Jurgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published "Between Facts and Norms." Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.

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, Artistotle, 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.

National identity and liberal democracy are recurrent themes in debates about Muslim minorities in the West. Britain is no exception, with politicians responding to claims about Muslims' lack of integration by mandating the promotion of 'fundamental British values' including 'democracy' and 'individual liberty'. This book engages with both these themes, addressing the lack of understanding about the character of British Islam and its relationship to the liberal state. It charts a gradual but decisive shift in British institutions concerned with Islamic education, Islamic law and Muslim representation since Muslims settled in the UK in large numbers in the 1950s. Based on empirical research including interviews undertaken over a ten-year period with Muslims, and analysis of public events organized by Islamic institutions, Stephen Jones challenges claims about the isolation of British Islamic organizations and shows that they have decisively shaped themselves around British public and institutional norms. He argues that this amounts to the building of a distinctive 'British Islam'. Using this narrative, the book makes the case for a variety of liberalism that is open to the expression of religious arguments in public and to associations between religious groups and the state. It also offers a powerful challenge to claims about the insularity of British Islamic institutions by showing how the national orientation of Islam called for by British policymakers is, in fact, already happening.

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.