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Books > Law > Jurisprudence & general issues > Foundations of law > General
Iraq, holding oil reserves second only to those of Saudi Arabia in the Middle East, is locked in a war with Iran whose outcome will affect Western energy supplies and the prospects for stability in the Arabian Gulf. Yet Iraq even now remains little known to Western governments and publics. This study is intended to enlarge understanding of Iraqi behavior and of the concerns that motivate its leaders. Some may find it unconventional. Rather than selecting issues of importance to other countries, the author focuses on the forces that influence policy formulation in Iraq and evokes the perspective from which the Iraqi government itself views its problems and sets its priorities. Part 1 examines the country's evolution into modern Iraq, explaining why problems that have recurred throughout Iraqi history have bedeviled all recent Iraqi governments and created tension between ""Iraq the nation"" and ""Iraq the state."" Part 2 discusses the Arab Ba'th Socialist party, which has dominated Iraqi political life since 1968. The author neither condemns nor praises this controversial party and its current leader, President Saddam Husain, but seeks to explain why they have adopted the positions and taken the actions that have characterized their rule. Part 3 analyzes the war between Iraq and Iran, its causes, and the decisions Iraq has made in light of its goals and its assumptions about Iran. The author finds that this is not simply ""a war over borders"" but a deeper conflict between Islamic conservatism and Arab nationalism. Looking beyond the war, the final chapter assesses Iraq's potential importance in the Middle East and to the world economy.
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).
To be convicted of a crime in the United States, a person must be proven guilty "beyond a reasonable doubt." But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of "reasonable doubt." It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not "reasonable." Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
This volume contributes to the latest studies in legal discourse studies by presenting a descriptive and interpretive analysis of English legal genres used in academic and professional writing contexts. The results of corpora-driven data are discussed through (meta)discourse, genre and other theoretical perspectives, and offer insights into the ways the writers' discursive practices and meanings shape their membership of the legal community and discipline. The volume attempts to show these ideas in systematic and clear language, and is designed for native and non-native readers whether involved in English applied linguistic research or disciplinary English writing instruction.
It is a widely held belief today that there are too many lawsuits, too many lawyers, too much law. As readers of this engaging and provocative essay will discover, the evidence for a "litigation explosion" is actually quite ambiguous. But the American legal profession has become extremely large, and it seems clear that the scope and reach of legal process have indeed increased greatly. How can we best understand these changes? Lawrence Friedman focuses on transformations in American legal culture that is, people's beliefs and expectations with regard to law. In the early nineteenth century, people were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. The uncertainty of life and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments during our own century have created a very different set of expectations about life, again reflected in our legal culture. Friedman argues that we are moving toward a general expectation of total justice, of recompense for all injuries and losses that are not the victim's fault. And the expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. This timely and important book articulates clearly, and in nontechnical language, the recent changes that many have sensed in the American legal system but that few have discussed in so powerful and sensible a way."
This is a collection of essays ranging from Pufendorf, Sociality and the Modern State by Craig L. Carr and Michael Seidler, to Conscience and Reason: The Natural Law Theory of Jean Barbeyrac by Tim Hochstrasser.
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