The expression "transitional justice" emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. "This book summarizes the subjects of transitional justice and Vergangenheitsbewaltigung systematically and clearly" (Joachim Gauck, German Federal President, 2012-2017).

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

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.

This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: * Spatiotemporal * Sense * Body * Text * Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity. Chapter 21 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138956469_oachapter21.pdf

This detailed work is based on more than ten years experience in conducting tenders for the licensing of petroleum prospective acreage on behalf of a number of sovereign governments in Europe, Africa and the former Soviet Union. It explains the processes of licensing from the points of view of the two main protagonists, the government bodies and the international oil companies. The book also gives due prominence to the interests of the host communities and to the environment, as well as to the neighbouring states and the other participants who may be affected by the licensing process. In the modern world petroleum licensing takes place in the full glare of attention from the press and from public opinion. This work breaks new ground in recommending ways in which government and the oil companies may devise best practice in licensing to serve the interest of all parties and also an ethical business environment.

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious�; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.� Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship.  Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.

Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best unduly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive.

Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book - bringing together lawyers and legal theorists from seven different countries - highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature's work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.

How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake.
Claims to alleviation on the grounds of mistake are likely to arise wherever the law prescribes a state of mind (some kind of intent) as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.
There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness--a waxing of alleviating mistakes.

Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It considers the legal trial as its paradigmatic case study before analysing a wide range of different cases, including profiling, the use of algorithms to predict students' grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising. They must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have done our best on evidence that allows success, our judgements are justified; and as such, they can resolve conflicts over the truth and over justice.

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science - paradigm, paradigm-shift, puzzle-solving research and incommensurability - the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit compare, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork's authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world's most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.

This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning.

This book expands on established doctrine in legal history and sets out a challenge for legal philosophers. The English medieval village community offers a historical and philosophical lens on the concept of custom, which challenges accepted notions of what law is. The book traces the study of the medieval village community from early historical works in the nineteenth century through to current research. It demonstrates that some law-making can and has been 'bottom-up' in English law, with community-led decision-making having a particularly important role in the early common law. The detailed consideration of law in the English village community reveals alternative ways of making and conceiving of law which are not dependent on state authority, particularly in relation to customary and communal property rights. Acknowledging this poses challenges for legal theory: the legal positivism that dominates Western legal philosophy tends to reject custom as a source of law. However, this book argues that medieval customary law ought to be considered 'law' if we are ever going to fully understand law - both then and now. The book will be a valuable resource for researchers and academics working in the areas of Legal History, Legal Theory, and Jurisprudence.

In addition to citing case law, Judges have traditionally used recognized legal maxims or treatise citations to support their rulings. But today's judiciary is becoming more apt to use pop culture, modern music, as well as humor in their decisions. This book gives examples of how songs and their lyrics have influenced judges, provided themes for their decisions, and helped make existing law more accessible to lay persons. Mark W. Klingensmith examines the clever ways judges have used them to enhance their judicial writings and how modern day musical lyrics that have effectively become recognized legal maxims by the courts. judicial writings.

The following pages attempt to develop the main outlines of an existential phenomenology of law within the context of Maurice Merleau-Ponty's phe nomenology of the social world. In so doing, the essay addresses the rather narrow scholarly question, If Merleau-Ponty had written a phenomenology of law, what would it have looked like? But this scholarly enterprise, although impeccable in itself, is also transcended by a more complicated concern for a very different sort of question. Namely, if Merleau-Ponty's phenomenological descriptions of the social world are correct-as I believe they largely are-then what are the philosophical consequences for an adequate understanding of law? Such a project may well occasion a certain surprise amongst observers of the contemporary philosophical landscape, at least in what concerns the terrain of continental thought, and for two different reasons. The first is that, although interest in Merleau-Ponty's work remains strong in the. United States and Can ada, his philosophical standing in his own country has been largely eclipsed by that of, first, his friend/estranged acquaintance, Jean-Paul Sartre; by various Marxist philosophies and critical social theories; and finally by those doing her meneutics of language. In my view, current neglect of Merleau-Ponty's thought in France is most regrettable."

In legal jurisprudence, the phenomenon of "hard cases" presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

This book examines the extent to which Brexit has impacted upon the operation of the British constitution, prompting in turn consideration of how some of the factors which contributed towards the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates to have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which is to be found in part two. Part two centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law?s authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there. Academics and researchers who are interested in the regulation of cyberspace will find this to be a compelling study. More broadly, it will appeal to those researching in the fields of transnational legal studies, jurisprudence and legal thought.

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Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory - including Hauke Brunkhorst, Dario Rodrigues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, "Law, State, and Global Crisis," covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, "Symbolic Constitutionalization," analyzes challenges to constitutionalism in the "Peripheral Modernity." The authors in the third section examine how the concept of "Transconstitutionalism" can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, "Systems Theory and Public Law," addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Dr Peng He in her book addresses various issues, drawing on Western and Chinese sources for her argument for a 'communicative' theory of law making. This book is both timely and important in the Chinese context. Her argument depends upon the insight that what is important in societies is not just representative democracy but 'voice' - the opportunity for individuals to be heard and bring their input into official systems. More than that, she argues that this can also take further the idea of living by the rules as something that is not to be seen as narrow Legalism but as something more akin to living 'righteously' - a view which is resonant with parts of Chinese legal thought. This book is also important in the present Chinese context in another way. The developing economy necessitates substantial legal reform. But applying Western models to China can often be naive and not fully fulfil their intended purpose. Peng He's work addresses this by looking at the process of legislation in connection with legal reform. It is grounded in a sound theoretical reflection of both the process of legal transplantation and the process of law making, and looks both at Western and Chinese sources. Such an approach needs to draw from several intellectual traditions and it is this interdisciplinary, foundational research that is the task Dr He has set herself in her project. Her theory will provide an abstract theoretical framework that is sensitive to local conditions, while at the same time incorporating insights on law reform from a broad range of disciplines. Her research is of direct practical relevance for reforming the legislative process in China. --Professor Zenon Bankowski The University of Edinburgh

In this unique volume, James Hackney invites readers to enter the minds of 10 legal experts that in the late 20th century changed the way we understand and use theory in law today. True to the title of the book, Hackney spent hours in conversation with legal intellectuals, interviewing them about their early lives as thinkers and scholars, their contributions to American legal theory, and their thoughts regarding some fundamental theoretical questions in legal academe, particularly the law/politics debate. Legal Intellectuals in Conversation is a veritable "Who's Who" of legal thought, presented in a sophisticated yet intimate manner.

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.