This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.

"Works such as A Law of Her Own expose the injustices in our society, provide different perspectives, and stimulate discussion. . . . Forell and Matthews' contribution to the debate should not be overlooked."
--"Law & Life"

Despite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.

In A Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.

A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.

Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions, A Law of Her Own aims to balance the law to incorporate women's values surrounding sex and violence.

The proportionality test, as proposed in Robert Alexy's principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question "are courts justified in borrowing proportionality?" has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil - and its enthusiastic recourse to proportionality when interpreting the Federal Constitution - as a case study, the book investigates the normative reasons that could justify the court's attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy's principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative methods, and documentary research and so on. The research findings can be described briefly as follows: Chinese wisdom has played an important role in achieving a common standard for the establishment of the international human rights system, which can be seen by exploring P. C. Chang's contributions to the drafting of the UDHR. The target readers are global scholars and students in law, politics, philosophy, international relations, human rights law, legal history, religion and culture. This book will enable these potential readers to have a vivid picture of the Chinese contributions to the international human rights regime and to have a better understanding of the significance of the traditional Chinese culture and P. C. Chang's human rights philosophy of pluralism.

A Solid Introduction to Legal PhilosophyThis lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer is especially interested in the law's ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes. "These fundamental questions are discussed by Dr. Berolzheimer in a work of remarkable learning... I have before me as I write the works of Stahl, Krause, and Lasson, dealing with the Philosophy of Law. They are not comparable with this volume in point of research." --Sir John Macdonell, Introduction, xxixFritz Berolzheimer 1869-1920] was a German legal philosopher and author of the five-volume System der Rechts- und Wirtschaftsphilosophie (1904-07). This work is the second volume of that set. He was managing editor of the important philosophy of law journal, "Archiv fur Rechts-und Wirtschaftsphilosophie" and president of the International Society of Legal and Economic Philosophy in Berlin.Rachel Szold Jastrow d. 1926] was a suffragist and sister of Henrietta Szold, founder of Hadassah, the Women's Zionist Organization of America. Her husband, Joseph Jastrow, was a professor of psychology at the University of Wisconsin.Sir John Macdonell 1846-1921] was an eminent British jurist and Quain Professor of Comparative Law at University College, London.Albert Kocourek 1875-1952] was a Professor of Law at Northwestern University.CONTENTSIntroductionCh. I. Origins of Oriental CivilizationCh. II. The Ancient Commonwealth: Greek CivilizationCh. III. The Civic Empire of Ancient Rome and the Moralization of Roman LawCh. IV. The Bondage of MediaevalismCh. V. Civic Emancipation: The Rise and Decline of "Natural Law"Ch. VI. The Emancipation of the Proletariat. Encroachment upon the Philosophy of Law by Economic RealismCh. VIII. The Sociological Reconstruction of Legal Philosoph

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.

This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Judges and courts do a considerable amount of harm in applying some criminal laws and policies, such as the felony murder rule, mandatory sentences, and the drug war. These and other positivist policies do not lessen crime, but instead, teach criminogenic messages contrary to what a magisterial criminal policy would teach. American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including criminals themselves. The source of this lies both in judicial passivity and legislative indifference. Judge Gerber expresses his confidence that a justice-oriented system can be achieved when politicians surrender control of the justice system to professionals in the field.

American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including the criminals themselves. These wrong lessons include mathematical and mandatory sentencing, plea bargaining, the death penalty, the felony murder rule, marijuana prohibitions, the drug war, and the penchant for solving crime by building more and bigger prisons. The source of these harms lies both in judicial passivity and legislative indifference to the costs and shortcomings of anti-crime policies, usually because of nothing but electoral concerns. The result is a system of laws and policies that really have little to do with lessening crime but much to do with politics. The book contrasts this positivist criminal justice system with a justice-oriented magisterial system which Judge Gerber believes, can be achieved if politicians surrender control of the justice system to professionals and experts in that field. This book has applications for academic as well as professional use and will also be of interest to some general readers who are interested in the legal system.

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author's strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts.

Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today. Oche Onazi's An African Path to Disability Justice is the first book-length exploration of disability in the light of African ethics, as contrasted with the human rights and capabilities frameworks. Of particular interest are Onazi's thoughtful reflections on how various conceptions of community salient in African moral philosophy--including group-based, reciprocal and relational--bear on what we owe to the disabled. --Thaddeus Metz, Distinguished Professor, University of Johannesburg

Language policies are increasingly acknowledged as being a necessary component of many decisions taken in the areas of the labor market, education, minority languages, mobility, and social inclusion of migrants. They can affect the democratic control of political organizations, and they can either entrench or reduce inequalities. These are the central topics of this book. Economists, philosophers, political scientists, and sociolinguists discuss - from an interdisciplinary perspective - the distributive socio-economic effects of language policies, their impact on justice and inequality at the national or international level, as well as the connection between language choices and an inclusive access to public services. The range of social and economic issues raised by linguistic diversity in contemporary societies is large, and this requires new approaches to tackle them. This book provides new input to design better, more efficient, and fair language policies in order to manage linguistic diversity in different areas. Topics covered include: theoretical models of linguistic justice and linguistic disadvantage; the assessment of the socio-economic consequences of language policies; the evaluation of the costs, benefits, and degree of inclusion of language planning measures; the politics of migrants' linguistic integration; as well as multilingualism and economic activities. These topics are discussed in different contexts, including the areas inhabited by linguistic minorities, cities receiving migrants, and supranational organizations.

This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China-V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.

This book reflects on the research and career of political theorist Russell Hardin from scholars of Political Science, Philosophy, Sociology, Economics, and Law, among other disciplines. Contributions address core issues of political theory as perceived by Hardin, starting with his insistence that many of the basic institutions of modern society and their formative historical beginnings can be understood as proceeding primarily from the self-interested motives of the participants. Many of the contributions in this volume struggle with the constraints imposed on political theorizing by the idea of self-interested agents, or homo economicus. Some reject the idea as empirically unfounded. Others try to show that homo economicus is even more versatile than Hardin depicts. And yet others accept the constraints and work within them. But all pay tribute to the lasting intellectual contribution of Russell Hardin and the challenge he poses. The book should appeal to scholars and students interested in collective action, public choice and democracy, moral reasoning and its limits, constitutionalism, liberalism, conventions and coordination, trust, identity politics, social epistemology, and methods in politics philosophy.

This volume features more than 25 papers that were presented at the 2014 Conference of the International Association for the Study of Controversies, IASC, held at the University of Salento, Lecce, Italy. It looks at conflict and conflict resolution from diverse perspectives, including philosophy, psychology, law, and history. Coverage explores the paradox of conflict and examines how discord, whether large or small, international or internal, can be both a source of chaos as well as a foundation for unity, a limitation of potential as well as an entryway to a greater depth of living. Inside, readers will discover thought-provoking answers to such questions as: What are the conditions to ensure that a conflict can be converted into cooperation? If the conflict between interests can be solved by a compromise, what happens when a conflict involves non-negotiable values ? In the management of a conflict, what role is played by argumentation? What are the latest perspectives in conflict management? How does the theory of controversies allows us to recognize and resolve conflicts? By the end of the book, readers will have a better understanding of how conflict can be transcended and how it's possible to redefine the conflicting situation so that what seemed incompatible and locked may, in fact, open a new perspective.

Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.

Dworkin and His Critics provides an in-depth, analytical discussion of Ronald Dworkin's moral, ethical, legal, and political philosophical writings. As the first text to cover such a wide range of Dworkin's thought, it makes a substantial contribution to a number of ongoing academic debates over abortion, euthanasia, the rule of law, distributive justice, group rights, political obligation, and genetics. Underpinning Dworkinrsquo; s work are fundamental principles of political morality, discussion of which is a central focus of the book. The 18 contributors include Richard J. Arneson, G. A. Cohen, F. M. Kamm, Will Kymlicka, Philippe van Parijs, Eric Rakowski, Seana Valentine Shiffrin, and Jeremy Waldron. This collection of primarily new essays features substantial replies by Ronald Dworkin and a comprehensive bibliography of his work. Dworkin and His Critics, an interdisciplinary work, is indispensable for students, instructors, and scholars in the fields of philosophy, law, and politics.

The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like "decentralized platforms". New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any 'democratic pedigree' of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications -- decoding and demystifying it for the first time - to make it accessible to a new generation of readers. Features a 2010 Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus historians, law students, lawyers, and anyone wanting to understand his great book. No previous edition of this classic work has offered annotations or explanatory inserts. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality hardcover edition from Quid Pro's Legal Legends Series. Holmes (1841-1935) was a legendary Justice of the U.S. Supreme Court. Before that, he was an influential legal scholar who brought pragmatism to a new age of legal thought.