This is an ideal introductory book for the person who needs an insight into how the English legal system functions at all levels and a critical analysis of the shortcomings, with the views of major figures in the legal world on how to change the system so that it functions effectively.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China. Volume 5 gives detailed discussion and analysis on significant topical subjects such as regulation, public governance, fair trade practice and extra territoriality. Eminent contributors also address the areas of trademarks and patenting, urban planning, life insurance and criminal law. With an ever-increasing global interest in China's legal approach, this extensive and diverse work will appeal to scholars and professionals of Chinese law, society and politics, as well as members of diplomatic communities with an interest in Chinese law. Contributors include: F. Changjun, W. Fang, Y. Haichun, F. Hui, X. Jun, L. Lei, H. Peng, D. Qiangqiang, Q. TongHui, L. Yang, Q. Zhanwen, W. Zhiyuan, H. Zhongshun

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory. The Harmonisation of National Legal Systems gives an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice. Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.

Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law. Through clear illustrations and a variety of concrete examples, this book shows how simple additive weighing can be applied in any situation in which there are one or more objectives, multiple options and multiple decision criteria. Further demonstrating the use of fuzzy logic in conjunction with this method, Bengt Lindell adeptly shows the reader how extra-disciplinary methods have much to contribute in a legal decision-making context. The methods covered in this book help to balance the issues of intuition versus structural analysis, risk and uncertainty, and the merging of probability and utility in the context of law. Practical and engaging, this book will prove an indispensible guide for academics and scholars across many legal disciplines. Public and private decision makers will also benefit from its clear and concise approach, affording them new insights into the application of multi-criteria analysis in law.

The Dispute resolution digest 2012 is the product of 7 years of continuous research by Tokiso into the labour dispute settlement system of South Africa. The intention of the Digest is to give a dispassionate account, based on statistical examination, of whether the dispute mechanisms of the Labour Relations Act are functioning effectively. The Digest considers types of labour disputes, settlements, trends in remedies and awards, and compliance with these awards. The disputes and awards are separated into their sub-categories of type, sector and forum with some interesting findings. Strikes, the most extreme form of labour action by employees, are analysed by the number of strikes, effects of strikes and the factors that trigger strikes.

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy. Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on 'use and abuse' raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of 'abuse'. An introduction sketches the major developments in the field over the last century.

Treat yourself to Second Helpings and more choice cuts in the style of Simon Brown's much lauded first volume of memoirs, Playing off the Roof & Other Stories. Exuberantly revisiting his early years in National Service, at Oxford and as a young barrister, Lord Brown recalls matters grave and trivial from his time at the Bar and on the Bench, along the way regaling us with tales of Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He also has something to say about the current legal scene and considers such thorny problems as the 2019 prorogation judgment and whether trial by jury might be dispensed with in order to clear a mounting backlog of criminal cases. Drawing witty lessons from a life of trials, Lord Brown finds time to muse on when a judge might choose to change a sentence already imposed, what to say after dinner and why the game of golf is strictly for the birds!

Legal precedents created during Prohibition have lingered, leaving search-and-seizure law much better defined than limits on police use of force, interrogation practices, or eyewitness identification protocols. An unlawful trunk search is thus guarded against more thoroughly than an unnecessary shooting or a wrongful conviction. Intrusive searches for alcohol during Prohibition destroyed middle-class Americans' faith in police and ushered in a new basis for controlling police conduct. State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement. Prohibition's scheme lingered long past the Roaring '20s. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Perhaps a larger project awaits-refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

With contributions from some of the leading scholars in law and economics, this comprehensive book summarizes the state of economic research on litigation, procedure and evidence. Among the topics covered are the settlement negotiations; discovery; the incentive to sue; theories of legal evidence; evidentiary misconduct; and the privilege against self incrimination. A valuable reference tool for academics and post graduate students in law, business, and economics. Anyone with a general interest how legal process does and should work will also find much to interest them in this book. 'The second edition of Procedural Law and Economics is an expanded and updated collection that highlights new developments and reiterates older themes. The volume will be essential reading both for economists who want an introduction to a core legal subject, and for legal scholars seeking new insights into the such topics as settlement, fee shifting, and class actions.