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.

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.

In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"-law established by government institutions-in a Marxian framework.

Tribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: * The Tribal Law and Order Act's Enhanced Sentencing Provisions * The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction * Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).

Manual sobre la jurisprudencia, derechos y prerrogativas especiales de las personas de edad avanzada en el ordenamiento juridico de Puerto Rico. Contiene un capitulo sobre andragogia y la legislacion dedicada a la educacion de adultos a partir del reconocimiento constitucional de la misma como derecho fundamental de la persona.

English summary: Between 1813 and 1833, Schleiermacher gave five lectures on the theory of the state at the newly established University of Berlin, lectures in which he was supportive of the Prussian reforms. Unlike Hegel's philosophy of law, Schleiermacher's political theories had scarcely any effects. It was not until 1998 that a critical edition of the manuscripts and transcripts was published. Miriam Rose provides the first comprehensive and systematic interpretation of Schleiermacher's theory of the state referring to the state discourses after the French Revolution. Schleiermacher's liberal, freedom-oriented attitude is shown in thematic cross-sections of the problems of war and peace as well as the state and the church. Using the issue of individual freedom as an example, the author describes the specific characteristics of this concept. She proves that in spite of its liberal orientation this is not a liberal concept. German description: Schleiermacher hielt zwischen 1813 und 1833 funf Vorlesungen zur Staatslehre an der neugegrundeten Universitat Berlin, in denen er die Preussischen Reformen unterstutzte. Im Unterschied zu Hegels Rechtsphilosophie entfaltete Schleiermachers politisches Denken aber kaum Wirkung. Erst seit 1998 liegt eine kritische Edition der entsprechenden Manuskripte und Nachschriften vor. Miriam Rose liefert erstmals eine umfassende systematische Erschliessung der Staatslehre Schleiermachers bezogen auf die Staatsdiskurse nach der Franzosischen Revolution. In thematischen Langsschnitten, u.a. zu den Problemen Krieg und Frieden sowie Staat und Kirche, zeigt sich die liberale Orientierung Schleiermachers. Die spezifische Eigenart dieser Konzeption profiliert die Autorin anhand der Frage nach der Freiheit des Einzelnen. Sie stellt heraus, dass es sich trotz der liberalen Orientierung um keinen liberalen Entwurf handelt.

This book is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. It is hoped that this book will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal. As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.

English summary: Martin Otto has written the first scholarly biography of Erwin Jacobi. Jacobi, who was educated in ecclesiastical law, was not only one of the founders of modern labor law, he was also a respected teacher of constitutional law in the Weimar period and, together with Carl Schmitt, participated in the dispute on methodology. In 1933 he was dismissed by the National Socialists and in 1946 he returned to the University of Leipzig, with which he remained associated for the rest of his life. The author looks into Jacob's private and public life and also investigates the network of the most significant political scandal in which Jacobi was involved (Prussia versus Reich, 1932). He also describes the struggle for the autonomy of the university and of jurisprudence in the early GDR. German description: Martin Otto legt mit seinem Buch die erste wissenschaftliche Biographie des Arbeits-, Staats- und Kirchenrechtlers Erwin Jacobi vor. Jacobi gehorte zu den Pionieren der Arbeitsrechtswissenschaft in der Weimarer Republik. Als Staatsrechtler war er gemeinsam mit Carl Schmitt als grosszugiger Interpret der Diktaturkompetenz des Reichsprasidenten bekannt geworden (Schmitt-Jacobische Formel). Entsprechend vertrat er 1932 gemeinsam mit Carl Schmitt die Regierung von Papen vor dem Staatsgerichtshof fur das Deutsche Reich im sogenannten Preussenschlagverfahren. Auf Jacobis Veroffentlichungen der Weimarer Zeit gehen der bis heute gebrauchliche arbeitsrechtliche Betriebsbegriff und der Terminus Verfassungsdurchbrechung zuruck. 1933 aus rassischen Grunden von der Universitat Leipzig entfernt, gehorte er nach 1945 zu den ersten Professoren der neubegrundeten Juristenfakultat. In der DDR als fortschrittlicher Burgerlicher geduldet, versuchte er nach Moglichkeit, die wissenschaftliche Autonomie der Universitat zu wahren, durchschaute aber immer mehr die Widerspruchlichkeiten der DDR-Wissenschaftspolitik. Aufgrund seiner Prominenz besass er eine gewisse Autonomie, die es ihm erlaubte, auch unbequeme Dinge (Wahlrecht und Situation der Kirchen im Ostblock) anzusprechen, auch Westkontakte und - reisen waren ihm moglich. Die Bespitzelung durch die Staatssicherheit und ein teilweises Verbot von Schriften verhinderte dies nicht. Das Buch verbindet die Geschichte des offentlichen Rechts in Deutschland im 20. Jahrhundert mit der Wissenschaftsgeschichte der DDR.

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.'

"Plunder" examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder - the practice of violent extraction by stronger political actors victimizing weaker ones.Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark sideExamines the Rule of Law's relationship with 'plunder' - the practice of violent extraction by stronger political actors victimizing weaker ones - in the service of Western cultural and economic dominationProvides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United StatesDares to ask the paradoxical question - is the Rule of Law itself illegal?

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.

In his provocative and highly readable study, Human Rights: Fact or Fancy?, Henry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature. Although the bulk of contemporary concern is with the law only and not with ethics, Veatch insists that this approach is mistaken because it leaves no place for what Aristotle called "a natural justice." Law must be based on ethics, he maintains, and ethics in turn must be grounded in fact and therefore must have a basis in nature.

Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination.

The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A central theme is the importance of uncertainty to an understanding of social and legal institutions. Another major theme is that the logic of the law, in many ways but not all, appears to be an economic one: that judges, for example, in interpreting the common law, act as if they were trying to maximize economic welfare.

Part I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law, ethics, and social institutions, and suggests in its place the economist's concept of "wealth maximization." Part II, an examination of the social and legal institutions of archaic societies, notably that of ancient Greece and primitive societies, argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift-giving, blood guilt, marriage customs, liability rules, and the prestige accorded to generosity. Many topics relevant to modern social and philosophical debate, including the origin of the state and the retributive theory of punishment, are addressed. Parts III and IV deal with more contemporary social and jurisprudential questions. Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests-rules that include the tort law of privacy, assault and battery, and defamation. Finally, Part IV examines, again from an economic standpoint, the controversial areas of racial and sexual discrimination, with special reference to affirmative action. Both Part III and Part IV develop as a subtheme the issue of proper standards of constitutional adjudication by the Supreme Court.

"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.

Providing students with a solid grounding in the economic analysis of the law, this reader brings together diverse and challenging journal articles into a unified collection. Chosen to provoke thought and discussion, these carefully streamlined articles apply economic theories to many aspects of the law, from intellectual property, corporate finance, and contracts to property rights, family law, and criminal law.

Most of the formal mathematics has been removed, allowing these articles to reach a student audience, while also encouraging an intuitive understanding and application of the economic principles. Brief introductions to each article explain their background and context. This collection will be a valuable addition to courses in both economics and law, providing economics majors with a respite from dry theory, and giving law students a broad, unified vision of the law.

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.

Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.

The Ministry of Law in the Church Today provides practical guidance and rationale for the role of law in the Church for pastoral ministers who are accustomed to seeing canon law as a problem rather than a solution. This book will also appeal to laity who harbor a curiosity about the usefulness of Church law in everyday Christian life.

Moshe Koppel, an expert in the field of logic, draws on basic concepts of logic to analyze the dynamics and structure of Halakhah. the author poses age-old questions about the nature of Sinaitic revelation, as well as modern questions about the role of computers and the immutability of a law. Far from a dry philosophical work, this is a lively discussion about Halakhah that bears relevance on life today.

As conflict resolution becomes increasingly important to urban and rural peoples around the globe, the value of this classic anthology of studies of process, structure, comparison, and perception of the law is acclaimed by policy makers as well as anthropologists throughout the world. The case studies include evidence from Africa, Europe, the Americas, and Oceania, and they reflect the important shift from a concern with what law is to what law does.