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.

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.

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.

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.

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.

With Narrative and the Natural Law Pamela Hall brings Thomistic ethics into conversation with ongoing debates in contemporary moral philosophy, especially virtue theory and moral psychology, and with current trends in narrative theory and the philosophy of history. Pamela M. Hall's study offers a solid, challenging alternative to rigid, legalistic interpretations of the substantial discussion of law in Aquinas's Summa theologiae and defends Aquinas's ethics from charges of excessive legalism. Hall argues that Aquinas's characterization of the content and relationship of natural, human and divine law indicates that his understanding of the quest for the human good is practical, communal, and historical. Hall maintains that natural law, the ongoing inquiry into what is the human good, is narrative both in terms of its internal structure and its being informed by the specific story of Scripture. According to Aquinas the discovery of natural law is enacted historically and progressively within communities and by individuals through a process of practical reasoning. Hall then goes on to show how natural law requires articulation by human law, and how both are connected to divine law (salvation history) as Aquinas understands it. Aquinas represents inquiry into the human good as a kind of historical narrative or story with stages or "chapters"; thus knowledge of natural law requires time and experience, as well as sustained reflection by individuals and by whole communities. Such learning of natural law implies the operation of prudence and the assistance of the moral virtues.

Aron Zysow's 1984 PhD dissertation, 'The Economy of Certainty,' remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the fundamental assumptions of Islamic legal thought. Zysow's important work is published here in full, for the first time, with updated references, further reflections by the author, and with the addition of a nine-page Foreword by Robert Gleave. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently, consensus has only a reduced role in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism.        

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.

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.

Taking the long view of conflicts between truth and political powerWhat role does truth play in government? In context of recent political discourse around the globe and especially in the United States it is easy to believe that truth, in the form of indisputable facts, is a matter of debate. But it's also important to remember that since ancient times, every religious and philosophical tradition has wrestled with this question. In this volume, scholars representing ten traditions Western and Eastern, religious and secular address the nature of truth and its role in government. Among the questions they address: When is deception permissible, or even a good thing? What remedies are necessary and useful when governments fail in their responsibilities to be truthful? The authors consider the relationship between truth and governance in democracies, but also in non-democratic regimes. Although democracy is distinctive in requiring truth as a fundamental basis for governing, non-democratic forms of government also cannot do without truth entirely. If ministers cannot give candid advice to rulers, the government's policies are likely to proceed on false premises and therefore fail. If rulers do not speak truthfully to their people, trust will erode. Each author in this book addresses a common set of issues: the nature of truth; the morality of truth-telling; the nature of government, which shapes each tradition's understanding of the relationship between governance and truth; the legitimacy and limits of regulating speech; and remedies when truth becomes divorced from governance. Truth and Governance will open readers' eyes to the variety of possible approaches to the relationship between truth and governance. Readers will find views they thought self-evident challenged and will come away with a greater understanding of the importance of truth and truth-telling, and of how to counter deliberate deception.

How globalized information networks can be used for strategic advantage.Until recently, globalization was viewed, on balance, as an inherently good thing that would benefit people and societies nearly everywhere. Now there is growing concern that some countries will use their position in globalized networks to gain undue influence over other societies through their dominance of information and financial networks, a concept known as 'weaponized interdependence'. In exploring the conditions under which China, Russia, and the United States might be expected to weaponize control of information and manipulate the global economy, the contributors to this volume challenge scholars and practitioners to think differently about foreign economic policy, national security, and statecraft for the twenty-first century. The book addresses such questions as: What areas of the global economy are most vulnerable to unilateral control of information and financial networks? How sustainable is the use of weaponized interdependence? What are the possible responses from targeted actors? And how sustainable is the open global economy if weaponized interdependence becomes a default tool for managing international relations?

Why cities often cope better than nations with today's lightning-fast changes.The British Empire declined decades ago, but London remains one of the world's preeminent centers of finance, commerce, and political discourse. London is just one of the global cities assuming greater importance in the post-cold war world even as many national governments struggle to meet the needs of their citizens. Global Political Cities shows how and why cities are re-asserting their historic role at the forefront of international economic and political life. The book focuses on fifteen major cities across Europe, Asia, and the United States, including New York, London, Tokyo, Brussels, Seoul, Geneva, and Hong Kong, not to mention Beijing and Washington, D.C. In addition to highlighting the achievements of high-profile mayors, the book chronicles the growing influence of think tanks, mass media, and other global agenda setters, in their local urban political settings. It also shows how these cities serve in the Internet age as the global stage for grassroots appeals and protests of international significance. Global Political Cities shows why cities cope much better than nations with many global problems and how their strengths can help transform both nations and the broader world in future. The book offers important insights for students of both international and comparative political economy; diplomats and other government officials; executives of businesses with global reach; and general readers interested in how the world is changing around them.

Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving "ought" from "is"), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.

The world's governing structures are higgledy-piggledy: disorderly, heads and tails in any or every direction. Such disorder fosters deficient governance. Decisions by noncooperating nations can generate damaging crossborder outcomes. Muddles destabilize mutual well-being.Public debate is often mired in superficial arguments about "globalization." This insightful book by economist Ralph C. Bryant instead emphasizes that the world's nations need to craft better middle-ground compromises to improve governance and manage increasing integration. Individual nations, Bryant argues, should fashion a balance between local autonomy and external openness, avoiding the extremes of rigid localism and unfettered openness. And nations need to act together collectively. Cooperative governance can encourage orderliness that mitigates disarray undermining mutual goals. The global challenge of the coronavirus pandemic is a vivid reminderthat international cooperation is becoming progressively more essential. Do nations and their leaders have sufficient foresight to use borders not as barriers but as catalysts for international cooperation? Could national migration policies find sustainable middle ground between the unrealistic extreme of unfettered freedom for people to cross borders and the inhumane exclusion of foreign refugees? Could augmented cross-border cooperation mitigate dangers from recurring financial instability? Could the world community foster collective actions to reduce the severe risks of global climate change? The answer to such questions can and should be yes. Wiser cross-border collective action nurtures a mutually supportive order offsetting the threats of disorder that may otherwise prevail. A healthy evolution of our planet requires requires! more orderly national governance and more ambitious cross-border cooperation.

The only text that fully combines coverage of legal systems with academic and professional legal skills. Coupled with the focus on employability and commercial awareness, Legal Systems & Skills is the essential contemporary toolkit for law students. Legal Systems & Skills speaks directly to students - encouraging, engaging, and enthusing at all times. It is accessible, with a clear writing style and a wide range of pedagogical features to help students to apply their knowledge practically. Learn how law works * Students get to grips with all the essential topics of English legal system, think about different perspectives, and understand their implications. * Clear, no-nonsense explanations, supported by annotated documents, flowcharts and diagrams that provide a visual representation of concepts and processes, build students' confidence. Develop the essential skills * Students are equipped with the tools they need to thrive in their academic studies and in subsequent employment. Students are encouraged to become adept researchers, nimble problem-solvers, dexterous writers, and competent communicators. * Topics such as negotiation and mediation, presentations, and client meetings introduce students to the professional skills essential for progression into both legal practice and other professional careers. * Commentary helping students engage with assessment criteria and develop their critical thinking skills. Apply them to succeed * Students are encouraged to reflect on and actively improve their commercial awareness through case studies and activities. Targeted coverage of employability, practise interview questions, CV development, and transferrable skills help students to approach their future careers with confidence and communicate their own competencies effectively. * 'Practical exercises' throughout provide opportunities to take a hands-on approach to tackling a wide range of legal skills. * 'What the professionals say' boxes bring in voices from across the world of legal services and other professions, including comments from barristers, solicitors, CEOs, solicitors' paralegals, and librarians. Digital formats and resources This fourth edition is available for students and institutions to purchase in a variety of formats, and is suppported 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 that support the book include: - Self-test multiple choice questions - The authors' guidance to answering the practical exercises in each chapter - Sample interview questions to help students identify which areas of commercial awareness they need to focus on - A library of web links that direct students to useful websites and relevant media

This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law. The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.� The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized. Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.