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This fascinating book examines 50 capital crimes committed in Great Britain in the 20th century in which the accused was found guilty and either executed or sentenced to life imprisonment.
This is the first booklength survey of the Anglo-American common law contract over its 800-year history, from genesis in 12th-century England to the present form in contemporary America. The volume presents a technically accurate yet readable analysis that focuses on how the form assumed by contract law was tempered by the reasoning of lawyers and judges, and procedural, economic, intellectual and social considerations throughout the period. Of perennial interest to lawyers is the changing nature of law and how a sophisticated legal system allows that change. Teeven suggests that contract law is an ideal focus for studying the evolution of common law because it is a microcosm of the process of the development of common law. Early chapters study how the Plantagenet royal courts rationalized the use of a trespassory action to fill a void in the actions available to plaintiffs for contract enforcement and analyze how the law of proof influenced contract law's evolution. Teeven assesses the influence of law merchant on contract law as reflected in the decisions of Lord Mansfield and the case law of Colonial America, and he surveys the reception of English contract law by the American colonies. Later chapters consider the American form of contract law of the 19th century and discuss the influence on contract law of the burgeoning merchant class. The last two chapters analyze 20th-century modernization of contract law in the context of an urban, industrialized society; reviews public policy, consumerism, and codification; and poses questions about the future direction of contract law. Containing essential source material within the arguments of lawyers for plaintiffs and defendants and the logic of common law judges, A History of the Anglo-American Common Law of Contract is an important resource for legal historians and other researchers, and for practicing lawyers and law students, both English and American.
The life of Holocaust survivor Dr. Heinz Hartmann is a fascinating one indeed, from escaping Hitler's concentration camps as a young man to making house-calls as a general practitioner in America. As chronicled in his compelling 1986 autobiography, "Once a Doctor, Always a Doctor: The Memories of a German-Jewish Immigrant Physician", Hartmann completed his medical studies in the 1930s, when the Nazis were in power. Just two weeks after his wedding to the beautiful Herta, a young nurse, Hartmann and scores of other Jewish men were taken by the Nazis to Buchenwald. It was these horrifying experiences that he drew upon when interviewed by Steven Spielberg's Shoah Foundation in its research for the movie "Schindler's List" as well as for libraries internationally.In this touching new book, Hartmann recounts his and Herta's escape from Nazi Germany, their loving relationship, and her fatal struggle with pancreatic cancer. He also examines the many years of love and care-giving he devoted to his physically and mentally retarded son, Michael, who was born healthy but experienced a crippling reaction to a vaccination at only five and a half months of age. This enlightening and tremendously personal memoir also offers the doctor's thoughts on the future of medicine, what it means to be Jewish in modern society, and special thoughts about the people who have influenced his life.
"Multilingualism and Government" provides case studies and an overview of the way in which governments deal with societal multilingualism in countries such as Belgium, Switzerland, Luxembourg, and the former Yugoslavia, in comparison with South Africa. The Universities of Antwerp in Belgium and the Orange Free State in South Africa have initiated a series of colloquia on Multilingualism and Government to be held over the next three years. This title is the outcome of the first of these and also the first of three publications that will follow from the colloquia. It specifically focuses on language policy and language legislation in these countries and presents a range of models, examples and also problems and challenges that need further attention. It is clear that each country is unique with regard to its language politics. However, it is also clear that the countries dealt with offer each other many useful lessons. For this reason the title offers an comparative forum on language policy matters.
Written by specialists in law and economics, this book studies the role of liability rules in an effort to illustrate the possible consequences of statutory tampering with them. The contributors explain how statutory and common law liability rules evolved, how they work in current practice, and how changes in rules can alter economic outcomes in significant and unintended ways. Although price theory is the primary analytical tool employed in the study, the contributors also provide a wealth of institutional detail intended to illuminate the structure and operation of forces at work when questions of product or service liability arise. Throughout, the contributors focus on the effects of individual decision making: how incentives faced by individuals are affected by liability rules and how the collective actions of purposeful individuals working in private markets and through the political process affect social outcomes. Among the specific topics addressed are using liability rules to deter government takings, the impact of government liability on private risk avoidance, the allocation of product liability by market share, liability and environmental quality, the effects of the flammability rule, deposit insurance and the savings and loan fiasco, and the political debate over automobile air bags. The contributors conclude that attempts to remedy alleged defects in the common law by legislative edict are not well grounded. Ideal as supplemental reading for courses in business and government, this volume will also be of significant interest to students of law and economics.
A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Disputes over Native American gambling, economic development, land and treaty rights, and civil and criminal jurisdiction all come down to one thing: sovereignty. The fact that Native American nations have supreme authority over their affairs has spurred legal controversies from the Cherokee removal crisis of the 1830s to the Indian gaming issues of today. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in-depth review of essential legal issues makes even the most difficult and complex judicial doctrines easily understood by students and non-lawyers
R.C. Van Caenegem is one of the few legal historians to have
crossed national boundaries successfully. His knowledge of the
various codes and customs of the European Continent in general and
the Low Countries in particular enables him to bring a fresh eye to
the English Common law. Four of these nine essays have not been
published in English before.
In this publication, two separate texts that should be read alongside the authoritative Marais biography, Die groot verlange, is made available in a single volume. Eugene Marais and the Darwin Syndrome explores the role that the father-son relationship possibly could have played in Marais’s inability to complete his magnum opus. Die dowwe spoor van Eugene Marais, an informal source book, includes facts and names that were concealed or suppressed in the biography. In hierdie publikasie word twee afsonderlike tekste wat naas die gesaghebbende Marais-biografie, Die groot verlange, gelees moet word, in een volume uitgegee. Eugene Marais and the Darwin Syndrome ondersoek die rol wat die pa-seun-verhouding moontlik kon gespeel het in Marais se onvermoe om sy magnum opus te voltooi. Die dowwe spoor van Eugene Marais, ’n informele bronneboek by Marais se lewensverhaal, bevat feite en name wat in die lewensverhaal verswyg of verdoesel is.
This edited collection focuses on the problem of social justice, or, more particularly, how the demand for social justice was articulated and implemented in ancient civilizations, including, from east to west, the Chinese, Indian, Iranian, Babylonian, Assyrian, Israelite, Egyptian, Greek, and Roman. These essays are supplemented by discussions of the functioning of social justice in early and medieval Islam and in the postmedieval Anglo-Saxon world. The volume contains extended discussions of specific legal regulations, royal edicts, and socioeconomic practices in the various civilizations, and examinations of their social, political, and economic consequences. Written by leading scholars in their respective fields, this volume will be of great interest to researchers dealing with the ancient world and the evolution of political philosophy and legal and economic rights.
Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified in 1869, pathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before. But, as the authors of this volume point out, it is crucial for the defense attorney and the prosecutor to understand whether pathological or ordinary intoxication is involved in a particular case because pathological intoxication furnishes the basis of important and perhaps decisive defense strategies beyond those which derive from ordinary intoxication. This interdisciplinary study provides the first in-depth exploration of both the medical and psychiatric facts underlying the phenomenon of pathological intoxication and explores the suitability of various defense theories. Written especially for practicing criminal defense lawyers, public defenders, prosecutors, and forensic psychiatrists, the volume begins by examining the clinical and experimental evidence of pathological intoxication. In subsequent chapters, the authors alert the attorney to the indications that a defendant should be examined for possible pathological intoxication and include hard-to-find medical sources of support for the concept to persuade courts and prosecutors of its legitimacy. A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional disturbance. Throughout, the authors incorporate both domestic and foreign literature relating to pathological intoxication. The inclusion of ample case examples as well as a wealth of medical and psychiatric data make this book a major contribution to our understanding of both the phenomenon of pathological intoxication and its implications for legal defense strategy.
At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union. Foreign investment has grown steadily for decades and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment. This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.
Na sewe jaar word 'n gevreesde bendeleier 'Map' Jacobs op parool vrygelaat en op almal se lippe ontstaan die vraag: het 'Map' verander, of is hy steeds die ou 'Map'? Die drama speel af na die gedwonge verskuiwings vanuit die Kaap na die Vlaktes en belig ook die invloed wat sosiale en maatskaplike euwels op die gemeenskap het. Dit gee ons 'n blik op die leefwyse van die ontworteldes, hul lief en leed en sommige se desperate hunkering na 'n beter bestaan.
Both sides of the highly charged capital punishment debate in the United States are examined in this breakthrough collection of 112 key documents, arranged by historical period. The political and social aspects of the debate are represented through a wide range of documents, including congressional hearings, Supreme Court decisions, position papers, biographical accounts, and news stories. An explanatory introduction precedes each document to help readers understand how various and seemingly unrelated social, economic, and political factors have impacted public attitudes, legislation, and judicial decisions pertaining to capital punishment. Vila and Morris provide us with the historical and ecological framework in which this centuries-old debate has unfolded. This volume is organized into six parts, each one representing a different time period: Colonial Era to Independence, 1800-1917, 1918-1959, 1960-1976, 1977-1989, and the 1990s. The documents provided in each part trace the history and development of the debate, chronicling the ebb and flow of support for the death penalty during different periods in our country's history. Special attention is paid to the effects of particular events in history--the American Revolution, the Great Depression, and the Civil Rights movement, for example--on the ever-changing opinions concerning capital punishment. The representation of both sides of the debate found in these documents will encourage and challenge students, policymakers, and concerned citizens to examine their own viewpoints and draw their own conclusions on the capital punishment debate.
Martin Gardner, author of numerous books on science, mathematics, and pseudo-science, has assembled thirty-four extraordinary essays by eminent philosophers, scientists, and writers on the fundamental aspects of modern science. As Gardner makes clear in his preface to the formerly titled Sacred Beetle and Other Great Essays in Science, his intent is not to teach the reader science or to report on the latest trends and discoveries. "Rather, the purpose of this book is to spread before the reader, whether his or her interest in science be passionate or mild, a sumptuous feast of great writing - absorbing, thought-disturbing pieces that have something to say about science and say it forcibly and well." Gardner's entertaining biographical commentaries make Great Essays in Science a rich store of good reading and an informal history of the people and ideas that have shaped our culture and transformed our everyday lives. This collection includes works by Isaac Asimov, Rachel Carson, Charles Darwin, John Dewey, Albert Einstein, Jean Henri Fabre, Sigmund Freud, Stephen Jay Gould, Aldous Huxley, Julian Huxley, William James, Ernest Nagel, Bertrand Russell, Carl Sagan, Lewis Thomas, H.G. Wells, and others.
In 1902 het 'n jong Boeretelegrafis en offisier, Filip Pienaar, uit ballingskap in Portugal een van die eerste boeke oor die Boereoorlog geskryf: With Steyn and de Wet. 'n Maand na publikasie is die boek verban – waarskynlik vanwee verwysings in die boek na die juiste feite oor die omstrede figuur van generaal F.J. Pienaar, asook leidrade oor wat met die sogenaamde "Krugergoud" kon gebeur het. Hierdie interessante relaas is die vroee voorgeskiedenis en wat met die skrywer in die oorlog en in ballingskap in Portugal gebeur het.
Revise with the help of the UK’s bestselling law revision series. Designed for students, this book will help you: Understand how to review essential cases, statutes, and legal terms Learn how to assess and approach the subject by using expert advice Learn how to lead further discussions Find additional support on our Law Express companion website, which contains a host of extra resources to provide you with pre-exam guidance.  Visit go.pearson.com/uk/lawexpress   Judith Tillson was a Senior Lecturer in Contract and Commercial Law at Staffordshire University. Â
Leibniz (1646 - 1716) was a true polymath and has been called the most comprehensive thinker since Aristotle. In these two great works by the founder of modern German speculative philosophy, the reader is introduced to Leibniz's metaphysics, including his conception of physical substance, the motion and resistance of bodies, and the role of the divine within the dynamic universe.
Humanity reaps the many advantages of science while bemoaning the frequent misapplications and abuses of modern technology. Yet far too many of us admit to possessing little if any real knowledge of what scientists actually do, why they do it, or whether they should be otherwise occupied in more productive pursuits. Nonscientists need to appreciate the nature, purpose, and goals of science. Conversely, the narrow focus of many science enthusiasts fails to recognize that science cannot help but interact with sources of knowledge beyond its realm, placing scientific endeavors within a swirling caldron of competing knowledge claims. In Understanding Science noted author and researcher Arthur N. Strahler, whose career in science spans more than half a century, fills this double void by offering insights into both the philosophy and the sociology of science. Part One presents a basic outline of the concepts and issues that have occupied scientists for years: the Nature of Science: Laws, Explanations, Theories, and Hypotheses; Prediction, Testing, Corroboration, and Falsification; the Complex/Historical Sciences; Determinism, Randomness, Chaos, and Quantum Mechanics; the New Philosophy of Science; and Pseudoscience, both specific cases and the phenomenon in general. Part Two concentrates on science as it interacts with and is distinguished from other knowledge fields. Here readers begin to see the religious, political, cultural, and social forces within which science developed and out of which it carved its special identity: the Major Classes of Knowledge; the Nature and Place of Logic and Mathematics; Religion and the God Concept; Ethics, Aesthetics, and Ideologies; How Science Impacts theReligious/Ethical Systems; and Is Creationism Religion or Pseudoscience? Unless each of us is willing to set aside our respective fears to gain a better understanding of what science is and how it can be carefully distinguished from other types of beliefs and claims, the ignorance, confusion, and distortion that has tainted society's view of science will remain a fundamental obstacle to gaining the knowledge that will help us solve pressing problems of daily life. Understanding Science offers new hope that this goal is within reach.
This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees' decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
Professor H James Birx shows how the never-ending controversy of human evolution came to be. He details the events that caused thinkers like Charles Darwin to develop his theory of evolution, and what ideas caused some people to reconcile a somewhat mystical theology with a concrete model of the universe. He tells you how Darwin's work infuriated everybody from "God-fearing" Christians to the church hierarchies. Birx explains how scientific advances and philosophical arguments have made beliefs about divine intervention as the origin of man a moot point. He shows how creationism ignores proven scientific facts, and how human evolution remains a much sounder truth. You will read how some western religions are starting to accept evolution as the process which creates life on earth. You will also learn why scientific evolution and creationism have not been accepted together and how bold attempts to merge the two ideas have failed miserably. |
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