This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.

This thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a 'hashtag jurisprudence' can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.

In the Shade of an African Baobab: Tom Bennett's Legacy is a collection of essays published to honour and thank Tom Bennett for his generous contribution to scholarly work over the years in the field of legal pluralism and African jurisprudence, as well as for his mentorship and friendship. The book brings together a collection of work by esteemed scholars from multidisciplinary fields, though the work is focused on aspects of law, culture and religion. The common thread through all the contributions is Tom. His scholarly influence, visible in each of the contributions, can be compared to the mighty Baobab tree: a large iconic, culturally important and majestic tree indigenous to Africa.

This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas' Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective. The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology. Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.

Drawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake. In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital 'regulatory spaces'; the contingency of power; law as a heterogenous 'assemblage'; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans. Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers. Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.

In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal. Chapters explore multiple genres and modes, from travel reviews to graphic novels, from poetics to ghost-writing, from cartography to speculative fiction. Working with diverse methods and areas of inquiry, including enstrangement, colonial entanglements, blockchain narratives, transing and transgression of many kinds, matterphor, aesthetics and epistemology, this Research Handbook provides a systematic application of literary approaches to the reading of law. Scholars and students of jurisprudence, and those in the humanities with an interest in law and literature, will find this ground-breaking Research Handbook an indispensable guide. It also offers insight to international legal scholars looking for materialist accounts of law, as well as those interested in contemporary challenges to the rule of law.

In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system's practical experience within its normative context. Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law. Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.

This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans. Clarifying and cross-examining the morality of human rights, Michael J. Perry discusses their connection to moral equality and moral freedom, as well as exploring the significance of anti-poverty human rights. This illuminating book concludes with an explanation as to why the morality of human rights is acutely relevant to challenges faced by humanity in the modern era. In particular, the challenges of growing economic inequality and climate change are emphasised as having profound relevance to the morality of human rights. Interrogating the Morality of Human Rights will be of great benefit to both undergraduate and graduate students who are contemplating the idea of human rights and their morality within their studies. Professors and academics with cause to study and research human rights would also find it to be of interest, particularly those in the field of legal scholarship.

This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Offering a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, the book is divided into two parts. The first part further explores and evaluates the concept of law as an artifact and analyses the background and theoretical basis of the theory. The second part comprises three sections on legal ontology, semantics and legal normativity, specifically in relation to law's artifactual nature. Providing cutting-edge insights at the intersection of law and philosophy, this book will appeal to scholars and students in philosophy of law, empirical legal studies, social ontology and the philosophy of society.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. Key Features: Concise and accessible format Theoretical explication of doctrinal intricacies Informative coverage and real world examples of criminal law Discussion of the challenges and responsibilities surrounding legal concepts of the person Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety.

In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings. Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood. Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.

Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to 'make their own laws and be ruled by them.' The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club. This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues. Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.

What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language. Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light on traditional questions in legal theory. Chapters discuss the normative importance and descriptive impact of moral inferences in legal interpretation and critically analyse the claims of legal interpretivism, uncovering the most recent versions of legal positivism. The impressive selection of leading contributors explore an array of important topics including metaethics, expressivism and legal semantics. Outlining a new direction of study and delineating the path for future research on moral inferences in legal interpretation, this timely book will be a thought-provoking read for legal scholars and students interested in legal theory, philosophy and interpretation.

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent. Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa's place within the growing discourse of comparative constitutional law. Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.