The original contributions in this Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics before moving on to chapters which discuss key concepts in Austrian economics such as; dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge - as they relate to topics in evolutionary law and basic law. This book presents contributions from both economists and legal scholars on topics ranging from methodology of analysis and the evolution of contemporary legal practice, to the teachings of basic law. Taken as a whole, this Handbook provides a strong overview of contemporary research in the Austrian school of law and economics. It is an approach that reflects both the examination of how alternative legal arrangements impact economic performance, and how to use the tools of basic economic reasoning to study the operation of legal rules. Scholars working in the fields of law, jurisprudence, economics, and public policy will find this an important resource on the cutting edge of Austrian political economy in application to law and economics. Contributors include: B.L. Benson, P.J. Boettke, D.J. Boudreaux, H.N. Butler, E.R. Claeys, C.J. Coyne, M. DeBow, M.T. Henderson, S. Horwitz, P.G. Klein, M. Krause, T.A. Lambert, P.T. Leeson, J. Parker, G.J. Postema, S. Rajagopalan, D. Skarbek, E.P. Stringham, R.E. Wagner, T.J. Zywicki

This book offers a novel interdisciplinary approach to interpret the emergence of the Basque-Spanish nationalist conflict. It incorporates into sociological analysis the understanding of law put forward by legal realism and legal pluralism to answer some of the most pressing problems encountered in historical research on this topic. It does so by carrying out a comparative historical analysis which focuses on the puzzle produced by the political trajectories of two traditionally considered Basque territories between 1841 and 1936: Navarre and Vascongadas - the precursor of today's Euskadi. Urasstabaso Ruiz argues that the historical and ideological trajectories of these territories need to be understood in relation to their local legal praxis and interpretations of law, which played a key role in how the authorities of these territories responded to the advent of modernisation. Overall, a fresh theoretical alternative is articulated, and the meaning of jurisdictional action is interpreted. Modern Societies and National Identities will appeal to academics interested in nationalism, the state and modernisation, particularly to those concerned with the Basque Country and the state of Spain.

This book uses a case study of a low-cost home ownership initiative at the margins of renting and owning provided by social landlords - known as shared ownership - to challenge everyday assumptions held about the 'social' and the 'legal' in property. The authors provide a study of the construction of property ownership, from the creation of this idea through to the present day, and offer a fresh consideration of key issues surrounding property, ownership, and the social. Analysing a diverse range of sources (from archives to micro-blogs, observation of housing providers, and interviews with shared owners), the authors explain the significance of the things (from the formal documents like leases, to odd materials like sweet wrappers and cigarette butts) commonly found in the narratives around shared ownership which are used to construct it as private ownership in everyday life. Ultimately, they uncover how this dream of ownership can become tarnished when people's identities as 'owners' come under threat, and as such, these findings will provide fascinating insight into the intricacies of so-called home ownership for scholars of Law, Criminology, and Sociology.

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.

The inspirational story of a young German orphan who escaped a war-torn Berlin to rise to the highest ranks of the European legal system. When Konrad Schiemann escaped his home in Berlin to begin a new life in England, he didn't know what life awaited him there. An orphan who had lost both of his parents at the end of World War Two, he reached this new country to start again with the help of relatives. Grown up, he decided to practise as a barrister in England and became a judge of the Appeal Court and finally of the European Court of Justice. After having his family and life in Germany torn apart by conflict, he forged a career around his desire to help in the construction of a peaceful Europe. It was only late in life that he came to realise the extent of the extraordinary family into which he had been born. A great-great grandfather who presided over 5 parliaments and the first German Supreme Court, a great-grandfather who was a friend of the last Kaiser and a grandfather who joined the Nazi Party despite the opposition of two members of the family later recognised by Israel as Righteous among the Nations for saving Jews from the Nazis. He learned of his mother's close acquaintance with one of the plotters of the assassination attempt on Hitler and it became evident that there was a powerful family history to be traced, and a story to be told. Piecing together extensive correspondence from the war years, A Dual Perspective is the moving memoir of a German orphan who built a new future away from home, and the story of the family he loved and lost along the way.

This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medical treatment and thereby giving the doctor the right to go ahead. The normative character of our world matters to us on its own account. To make sense of promise, consent, friendship and other related phenomena we must acknowledge that normative interests are amongst our fundamental interests. We must also rethink the psychology of agency and the nature of social convention.

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.

Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

This groundbreaking book offers in-depth analysis of the modern Islamic state, applying a quantitative measurement of how Muslim majority nations meet the definition. Content for the book was developed through extensive debate among a panel of distinguished Sunni and Shia Muslim scholars over seven years.

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

This work attempts to counteract the essentialism of originary thinking in the contemporary era by providing a new reading of a relatively understudied corpus of literature from a ambivalently stereotyped diasporic group, in order to rethink and problematise the concept of diaspora as a spatial concept. As work situated in the Law-in-Literature movement, beyond the disciplinary boundaries of scholarship, this book aims to construct a 'literary jurisprudence' of diaspora space, deconstructing space in order to question what it means to be 'settled' in literary refractions of the lawscape by drawing on refractions of case law in a corpus of texts by Romani authors. These texts are used as hermeutic framings to draw unique spatio-temporal landscapes through which the reader can explore the refractive, reflective, interpretative conditions of legality as a crucible in which to theorise law.The radical intent of this work, therefore, is to deconstruct jurisprudential spatial order in order to theorize diaspora space, in the context of the Roma Diaspora. This work will offer readers new possibilities to re-imagine diaspora through law and literature and provides an innovative critical interdisciplinary analysis of the shaping of space.

Part of the acclaimed Higher Ed Leadership Essentials series, this book surveys academic freedom's history and its application in today's universities. Academic freedom is once again at the epicenter of the crisis in higher education. A community college instructor in Iowa is pressured to resign after his pro-antifa social media comments garner vicious harassment that administrators find threatening to campus safety. A tenured biology professor at a college on Long Island is threatened with dismissal because she allegedly grades students too strictly. And in the wake of the COVID-19 pandemic, a conservative activist calls on his followers to take advantage of online classes to send "any and all videos of blatant indoctrination" to his organization so that it might expose and blacklist "leftist professors." These incidents from the 2019-20 academic year represent only the tip of the iceberg. Academic freedom, long heralded as a core value of American higher education, may now be in as much danger as at any time the 1950s. But what is "academic freedom"? A value upheld for one's supporters (but not one's opponents) when discussing a polarizing controversy? Or a narrow claim of privilege by a professorial elite, immune from public accountability? In this concise and compelling book, Henry Reichman, who chaired the American Association of University Professors' Committee on Academic Freedom and Tenure for nearly a decade, mounts a rigorous defense of academic freedom and its principal means of protection: the system of academic tenure. Probing academic freedom's role in multiple contexts, Reichman draws on a wealth of historical and contemporary examples to offer the first comprehensive introduction to the concept in all its manifestations. Elucidating its sometimes complicated meanings, Reichman argues that academic freedom-like its cousin, freedom of speech-cannot easily be defined but, instead, emerges from the contextual application of guiding principles developed and modified over time. He also explores why the rise of contingent faculty employment represents the gravest current threat to academic freedom; reveals how academic freedom is complicated by both fiercely polarized campus environments and the emergence of social media that extend speech beyond the lecture halls of the academy; and touches on the rights of students in and out of class, including treatment of student protest movements.

In Law and the Visual, leading legal theorists, art historians, and critics come together to present new work examining the intersection between legal and visual discourses. Proceeding chronologically, the volume offers leading analyses of the juncture between legal and visual culture as witnessed from the fifteenth to the twenty-first centuries. Editor Desmond Manderson provides a contextual introduction that draws out and articulates three central themes: visual representations of the law, visual technologies in the law, and aesthetic critiques of law. A ground breaking contribution to an increasingly vibrant field of inquiry, Law and the Visual will inform the debate on the relationship between legal and visual culture for years to come.

Not just for lawyers, these illuminating histories of popular law-related expressions will delight anyone fascinated by words, by history, or by law and law enforcement Law-related words and phrases abound in our everyday language, often without our being aware of their origins or their particular legal significance: boilerplate, jailbait, pound of flesh, rainmaker, the third degree. This insightful and entertaining book reveals the unknown stories behind familiar legal expressions that come from sources as diverse as Shakespeare, vaudeville, and Dr. Seuss. Separate entries for each expression follow no prescribed formula but instead focus on the most interesting, enlightening, and surprising aspects of the words and their evolution. Popular myths and misunderstandings are explored and exploded, and the entries are augmented with historical images and humorous sidebars. Lively and unexpected, Lawtalk will draw a diverse array of readers with its abundance of linguistic, legal, historical, and cultural information. Those readers should be forewarned: upon finishing one entry, there is an irresistible temptation to turn to another, and yet another . . .

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Why are civil authorities in so-called liberal democracies affronted by public nudity and the Islamic full-face 'veil'? Why is law and civil order so closely associated with robes, gowns, suits, wigs and uniforms? Why is law so concerned with the 'evident' and the need for justice to be 'seen' to be done? Why do we dress and obey dress codes at all? In this, the first ever study devoted to the many deep cultural connections between dress and law, the author addresses these questions and more. His responses flow from the radical thesis that 'law is dress and dress is law'. Engaging with sources from The Epic of Gilgamesh to Shakespeare, Carlyle, Dickens and Damien Hirst, Professor Watt draws a revealing history of dress and civil order and offers challenging conclusions about the nature of truth and the potential for individuals to fit within the forms of civil life.

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"This splendid collection of essays by leading legal scholars, on topics ranging from constitutional law to tax law and policy, draws on the best recent scholarship to illuminate how and why contemporary American law addresses--and fails to address--persistent problems caused by the maldistribution of wealth and income in the United States. Accessible to non-specialists, the essays are full of provocative insights and arguments."
--Mark Tushnet, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center

"A brilliant collection of essays--each one brisk and authoritative. Altogether they show that class--the increasingly unbridgeable gap between rich and poor--is the biggest challenge to our national and global dreams of freedom and equality. Not only does the volume avoid the unevenness that plagues most groups of essays, but they are uniformly lively and interesting."
--Barbara Allen Babcock, Judge John Crown Professor, Emerita, Stanford Law School

"In this much-needed book, twenty-five specialists reveal how the growing gulf between Haves and Have-nots has distorted their fields of law--invariably to the advantage of the Haves. If you are concerned at the injustice of putting our lawmaking institutions up for sale to the highest bidders, this book is for you. If you are not concerned, where have you been?"
--Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, University of California, Los Angeles

In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a centralquestion posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little access to the legal system. Contributors use this position as a springboard to review developments in their own particular fields and to assess whether or not legal decisions and processes have contributed to a widening gap between privileged and unprivileged people in this country.

From antitrust and bankruptcy to tax and election law, the essays in this unique volume invite readers to reflect thoughtfully on socio-economic justice in the new century, and suggest that a lack of progressive reform in all areas of law may herald a form of undiagnosed class dominance reminiscent of America's Gilded Age.

Contributors: Margaret A. Berger, M. Gregg Bloche, David L. Callies, Paul D. Carrington, Paul Y. K. Castle, Lance Compa, James D. Cox, Paula A. Franzese, Marc Galanter, Julius G. Getman, Lawrence O. Gostin, Joel F. Handler, Trina Jones, Thomas E. Kauper, Sanford Levinson, John Linehan, Joseph D. McNamara, Burt Neuborne, Jeffrey O'Connell, Judith Resnik, Richard L. Schmalbeck, Danielle Sarah Seiden, Richard E. Speidel, Gerald Torres, David M. Trubek, Elizabeth Warren, and Lawrence A. Zelenak.

This book discusses Stuart Hall's unique contribution to criminology. It suggests that this is captured best in Hall's commitment to understanding a given historical moment, or conjuncture, in its full complexity, and his continuous deployment of an appropriate methodology, conjunctural analysis, to do so. This provides a running thread linking Hall's early work on youth subcultures, the media, the state and hegemony to his later work on racial identities, racism and the politics of difference. This is contrasted with more theoretically-driven work in cultural criminology. Its failure to adopt a conjunctural approach constitutes, for the author, something of a missed moment. To demonstrate the continuing relevance of this form of analysis, the book provides a conjunctural analysis of Brexit, including its psychosocial dimension and concludes with a brief analysis of Trump's failure to get re-elected. The book is intended for students of criminology and cultural studies.

This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.

The law was central to Durkheim's sociological theory and to his efforts to establish sociology as a distinctive discipline. This revised and updated second edition of Durkheim and the Law brings together key texts which demonstrate the development of Durkheim's thinking on the sociology of law, several of them newly translated here. The editors, both world-renowned Durkheim scholars, provide a comprehensive analysis of the intellectual significance and distinctiveness of Durkheim's work on the subject. They show how his ideas evolved over time; how they contributed to the development of a distinctively Durkheimian vision of a science of society; and they provide a comprehensive assessment of the strengths and weaknesses of his theorizing about law, as well as its continuing relevance for contemporary sociology. Enriched with a new introduction and useful learning features, this book remains a major reference for students of socio-legal theory.

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

The contemporary U.S. legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.

While we often tend to think of the Third Reich as a zone of lawlessness, the Nazi dictatorship and its policies of persecution rested on a legal foundation set in place and maintained by judges, lawyers, and civil servants trained in the law. This volume offers a concise and compelling account of how these intelligent and welleducated legal professionals lent their skills and knowledge to a system of oppression and domination. The chapters address why German lawyers and jurists were attracted to Nazism; how their support of the regime resulted from a combination of ideological conviction, careerist opportunism, and legalistic selfdelusion; and whether they were held accountable for their Nazi-era actions after 1945. This book also examines the experiences of Jewish lawyers who fell victim to anti-Semitic measures. The volume will appeal to scholars, students, and other readers with an interest in Nazi Germany, the Holocaust, and the history of jurisprudence.

This book seeks to illuminate what we call the cultural lives of cause lawyers by examining their representation in various popular media (including film, fiction, mass-marketed non-fiction, television, and journalism), the work they do as creators of cultural products, and the way those representations and products are received and consumed by various audiences. By attending to media representations and the culture work done by cause lawyers, we can see what material is available for citizens and others to use in fashioning understandings of those lawyers. This book also provides a vehicle for determining whether, how, and to what extent cause lawyering is embedded in the discourses and symbolic practice around which ordinary citizens organize their understanding of social, political, and legal life. This book brings together research on the legal profession with work that takes up the analysis of popular culture. Contributors to this work include scholars of popular culture who turn their attention to cause lawyers and experts on cause lawyering who in turn focus their attention on popular culture. This is a joining of perspectives that is both long overdue and fruitful for both kinds of scholarship.