'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.' - David Kennedy, Harvard University 'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.' - Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline. The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book is about those patterns as they arise in the contemporary legal, health and ethical context, exploring the transformations and challenges brought by technological change and the regulatory options in the contemporary global village.

This yearbook focuses on law and its interdisciplinarity in India. It brings together scholars of law, economics, and policy to foster multidisciplinary thinking and analysis across subject areas. The contributors to this volume embody an interdisciplinary spirit through their academic experience and aim to bring to the fore unique suggestions for a better understanding of the law. The volume explores various key issues that are central to state policy demanded by a functioning democracy, in terms of democratic quality, aspirations and sustainability. It discusses global and social issues, such as foreign interference in domestic elections, feminism, and climate change and looks at other subjects such as economics, religion, history, literature from the perspective of law. A unique contribution to the study of law in India, this book will be an essential read for scholars and researchers of law, jurisprudence, political science, economics, public policy, sociology, social anthropology, the Indian Constitution, and South Asia studies.

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.

Once the stuff of science fiction, recent progress in artificial intelligence, robotics, and machine learning means that these rapidly advancing technologies are finally coming into widespread use within everyday life. Such rapid development in these areas also brings with it a host of social, political and legal issues, as well as a rise in public concern and academic interest in the ethical challenges these new technologies pose. This volume is a collection of scholarly work from leading figures in the development of both robot ethics and machine ethics; it includes essays of historical significance which have become foundational for research in these two new areas of study, as well as important recent articles. The research articles selected focus on the control and governance of computational systems; the exploration of ethical and moral theories using software and robots as laboratories or simulations; inquiry into the necessary requirements for moral agency and the basis and boundaries of rights; and questions of how best to design systems that are both useful and morally sound. Collectively the articles ask what the practical ethical and legal issues, arising from the development of robots, will be over the next twenty years and how best to address these future considerations.

Most books on post-war political philosophy focus on Rawls only: this books includes a thorough introduction to topics and thinkers often omitted, such as Hannah Arendt and Karl Popper on totalitarianism Alan Haworth is already well-known for his excellent introduction to political philosophy, Understanding the Political Philosophers (second edition, 2912, Routledge) Blends analysis of key thinkers and key concepts and themes, whereas most books concentrate on one or the other

Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. This theoretically grounded book bridges the divide between theory and practice by linking legal theory to the doctrinal and practical concerns of the laws of war. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'. At the same time, he explains why expert processes are so successful and why this should be of concern to all of us. Stimulating and challenging, this book will prove essential reading for students and scholars of public international law, legal theory, and those focussing on the laws of war more specifically. Its practical approach will also greatly benefit legal practitioners working in the field of military law.

This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience - States, applicants and public opinion - of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors look for paths, repetitive patterns of argumentation, and divide them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal, and at the same time pragmatic and axiologically neutral narrative, on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of Jurisprudence, Human Rights Law, and Law and Language.

This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state's international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE's diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

Critically engages with theories of the recognition of states under international law. Departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty. Of interest to legal and political theorists, as well as scholars and students in international relations.

The Routledge Handbook of the Philosophy and Psychology of Forgiveness brings into conversation research from multiple disciplines, offering readers a comprehensive guide to current forgiveness research. Its 42 chapters, newly commissioned from an internationally acclaimed group of scholars, are divided into five parts: Religious Traditions Historic Treatments The Nature of Forgiveness Normative Issues Empirical Findings While the principal aim of the handbook is to provide a guide to the philosophical literature on forgiveness that, ideally, will inform the psychological sciences in developing more philosophically accurate measures and psychological treatments of forgiveness, the volume will be of interest to students and researchers with a wide range of disciplinary backgrounds, including philosophy, psychology, theology, religious studies, classics, history, politics, law, and education.

Caring for Liberalism brings together chapters that explore how liberal political theory, in its many guises, might be modified or transformed to take the fact of dependency on board. In addressing the place of care in liberalism, this collection advances the idea that care ethics can help respond to legitimate criticisms from feminists who argue that liberalism ignores issues of race, class, and ethnicity. The chapters do not simply add care to existing liberal political frameworks; rather, they explore how integrating dependency might leave core components of the traditional liberal philosophical apparatus intact, while transforming other aspects of it. Additionally, the contributors address the design of social and political institutions through which care is given and received, with special attention paid to non-Western care practices. This book will appeal to scholars working on liberalism in philosophy, political science, law, and public policy, and it is a must-read for feminist political philosophers.

* Translation of a prestigious and successful German publication;

This book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: "juvenile lifers". It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison. The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism and critical race theory, the challenges of digital technology and the emergence of new legal subjects. Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? Michael Giudice presents the problem: several methods suggest themselves as suitable to understanding law; however, each method claims unique importance with no need of others. A solution is offered in two key claims. First, many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, emphasizing a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. Second, conceptual theories of law can and ought to identify necessary as well as contingent features in the construction of conceptual explanations of law. This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law. The book will be of primary interest to both students and academics in legal, political, and moral philosophy. It will also be of interest to students and academics working in the social sciences who are interested in questions about the distinctive character of law.

Clear, concise, and written by experts currently lecturing in the field, Financial Accounting focuses exclusively on what you need to know for success in your course and career. Students looking for a focused introduction to financial accounting will appreciate this book. This innovative textbook includes features which will particularly appeal to international students, including: a clear introduction to accounting from its initial concepts, through recording transactions to the accurate interpretation of accounts relevant case studies that illustrate key accounting principles up-to-date terminology to prepare you for current business practice worldwide summaries, activities and review questions to help reinforce your understanding Part of the 360 Degree Business, which provides accessible yet stimulating introductions to core business studies modules, the text comes with additional support materials including interactive multiple choice questions available at www.routledge.com/cw/vickerstaff.

Judgment is simple, right? This book begs to differ. Written for all students of the law-from undergraduate to supreme court justice-it opens the reader to a broad landscape of ideas surrounding common law judgment. Short and accessible, it touches upon the many pathways that lead out from the phenomenon of judgment in common law jurisdictions. This book is unique in its brevity and scope. It engages not only with the core operation of judgment as legal decision, but considers questions of authority and reason, and broader issues of interpretation, rhetoric, and judicial improvisation. The aim of this book is not to present a summary of research or a comprehensive 'theory' of judgment, nor is it bounded by the divisions of different legal subjects. Instead, it is a handbook or companion for students of the law to read and return to in their studious journeys across all common law topic areas, providing readers with a robust and open-ended set of tools, combined with selected further readings, to facilitate their own discovery, exploration, and critical analysis of the rich tapestry of common law judgment.

Teaching the Essentials of Law and Economics covers the core areas of law and economics, also known as the economic analysis of law, in non-technical terms with guiding notes throughout the text. Replete with cases and illustrations, it may be used both as a lecture guide for instructors, and as a basic text for students. The author provides an up-to-date and succinct account of the application of economic analysis to legal doctrines, institutions and legal reform. Classic cases taken from Anglo-American common law, with some consideration of civil law, along with more recent material, are used to illustrate the analysis. The book has a non-technical, built-in system designed to guide teaching as well as private study of the material. Professors and instructors teaching this growing field of inquiry as well as legal scholars interested in the influence of economics on American law, economists analyzing the incentive structure of legal systems and doctrines, public-policy students considering legal reform and judges and legal personnel seeking a succinct treatment of economics of law will be indebted to the author for this guide to Teaching Essentials of Law and Economics.