This book represents a unique resource about Stewart Macaulay one of the common law world's leading scholars of the law of contract and of the law in action approach to the study of law. Since 1959, he has published over 50 articles in leading journals, a number of working papers, (with colleagues at the University of Wisconsin Law School) a pathbreaking casebook for the teaching of the law of contract, and (with other colleagues) equally pathbreaking collections of materials for the teaching of the law in action or law in context approach to the study of law. In this work Macaulay has established himself as one of the postwar world's leading scholars of the law of contract and of the sociology of law. His work is an absolute reference point in both disciplines, and it has attracted great attention elsewhere, most notably in economic sociology, where his concept of non-contractual economic relationships is regarded as an important theoretical innovation. Macaulay's work has become an object of commentary in its own right, and the proposed book is intended to assist further such commentary by making hitherto difficult to obtain works readily accessible. Most of Macaulay's work is now, when the leading journals are generally available in electronic form, readily accessible to students and researchers in universities. There are, however, a number of interesting and in most cases important works published in less accessible journals or works which were not published in an electronic form, which are difficult to obtain. This book will make them readily available, and in so doing will make it possible in future for scholars to have Macaulay's complete oeuvre readily to hand. Although Macaulay's work has provoked very considerable discussion, there previously have been no overall accounts of that work as opposed to critical engagements with aspects of it. In this book, two additional essays by leading commentators give accounts of Macaulay's work and provide an introduction to, exegesis of and general evaluation of Macaulay's work as a whole which is not to be found in the existing literature.

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.

In Acting White, Devon Carbado and Mitu Gulati argue that racial judgments are often based not just on skin color, but on how a person conforms to behavior stereotypically associated with a certain race. Specifically, people judge racial minorities on how they "perform" their race. That includes the clothes they wear, how they style their hair, the institutions with which they affiliate, their racial politics, the people they befriend, date or marry, where they live, how they speak, and their outward mannerisms and demeanor. Employing these cues, decision-makers decide not simply whether a person is black but the degree to which she or he is so. Relying on numerous examples from the workplace, higher education, and police interactions, the authors demonstrate that, for African Americans, the costs of "acting black" are high. This creates pressures for blacks to "act white." But, as the authors point out, "acting white" has costs as well. Written in an easy style that is non-doctrinaire and provocative, the book makes complex concepts both accessible and interesting. Whether you agree and disagree with Acting White, the book will challenge your assumptions and make you think about racial prejudice from a fresh vantage point.

When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

The contributions in this volume include the following: a reconsideration of the work of a number of writers - Heinrich Popitz, Theodor Geiger, Christian Sigrist, and, above all, Max Weber - who have received particularly critical attention from adherents of legal pluralism, arguing for further discussion of the concept of law developed by Franz von Benda-Beckmann * the dynamic nature of interactions among plural legal systems, employing theories of legal pluralism to identify sources of legal plurality and to understand how these interact in Malaysia * why, in the Democratic Republic of Congo, given the general deterioration of administrative structures, people continue to apply to the courts for redress. (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 66)

The book deals with (unfortunately) a highly relevant question of extraordinary measures adopted in many countries in connection with the recent pandemic, and the impact of such measures on ownership rights and constitutional freedoms as a whole. Using the methods of synthesis, analysis and historical comparison, the researchers address this issue from different perspectives, starting with the origins of state-governed crisis management, through the theoretical status of such measures and their role in the legal system, to the question of liability for damages arising from their imposition and application. Based on a critical analysis of existing measures, the book provides feedback on their compliance with basic legal principles and suggests possible solutions of encountered problems.

This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker's methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand's claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter's idea of modest objectivity in law.

Women are the fastest growing group of incarcerated people in Canada. A Better Justice? offers a carefully reasoned analysis of alternative, community-based justice programs. Using Winnipeg as a test case, Amanda Nelund reveals the complexity that underlies the governance of criminalized women. She finds that alternative programs neither reproduce dominant justice system norms nor provide complete alternatives, reflecting a tension between neoliberal and social justice approaches. By identifying potential ways to resist existing norms within these programs, A Better Justice? points to improved justice strategies – and ultimately to greater social justice for criminalized women in Canada.

The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.

This book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the 'revolt against uncertainty' which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new 'risky populations' and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.

In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.

Israeli constitutional law is a sphere of many contradictions and traditions. Growing out of British law absorbed by the legal system of Mandate Palestine, Israeli constitutional law has followed the path of constitutional law based on unwritten constitutional principles. This book evaluates the development of the Israeli constitution from an unwritten British-style body of law to the declaration of the Basic Laws as the de facto Israeli constitution by the supreme court and on through the present day. The book is divided into a chronological history, devoted to a description of the process of establishing a constitution; and a thematic one, devoted to the review and evaluation of major constitutional issues that are also the subject of discussion and research in other countries, with emphasis on the unique characteristics of the Israeli case.

The papers collected in this volume grow out of a series of discussions on the concept of "The Rule of Law" held at meetings of the European AmericanConsortiumforLegalEducationinWarsaw(2008),theAmerican SocietyforLegalHistoryinTempe,Arizona(2007),andtheAssociationof AmericanLawSchoolsinSanDiego,California(2009). Thegatheringof theEuropean-AmericanConsortiumforLegalEducationwasparticularly signi?cant,becauseitalsomarkedthetwo-hundredthanniversaryofthe UniversityofWarsawFacultyofLaw. Wewouldliketothankthosewho attendedthesemeetingsfortheirinsightfulremarksandfortheirinspi- tion,suggestionsandencouragementinbetterunderstandingtheruleof lawfromacomparativeperspective. Thanksarealsoduetothefaculty,staffandstudentsoftheUniversityof BaltimoreCenterforInternationalandComparativeLawwhopreparedthis volumeforpublication,andparticularlytoKatieRolfes,LaurieSchnitzer, BarbaraCoyle,KathrynSpanogle,MoradEghbal,JamesMaxeiner,Nicholas Allen, Caroline Andes, Michael Beste, Suzanne Conklin, Pratima Lele, ShandonPhan,T. J. Sachse,ToschaStoner-SilbaughandBjornThorstensen. WearealsogratefultoDavidBederman,MichaelHoe?ich,CarlLandauer, DavidLieberman,JulesLobel,IleanaPorras,andBrianTamanahafortheir commentsofearlierversionsofthechapterspublishedhere. Imperialegumpotentioraquamhominumesto! Baltimore,MD,USA MortimerSellers Warsaw,Poland TadeuszTomaszewski vii Contents 1 AnIntroductiontotheRuleofLawinComparativePerspective 1 MortimerSellers 2 TheRuleofLawinAncientGreekThought ...11 FredD. Miller 3 TheLiberalStateandCriminalLawReforminSpain...19 AnicetoMasferrer 4 Some Realism About Legal Certainty in the GlobalizationoftheRuleofLaw...41 JamesR. Maxeiner 5 IsGoal-BasedRegulationConsistentwiththeRuleofLaw?. . 57 S. J. A. terBorgandW. S. R. Stoter 6 Re?ectionsonShakespeareandtheRuleofLaw ...71 RobertW. Peterson 7 America'sConstitutionalRuleofLaw:StructureandSymbol. 89 RobinCharlow 8 ConstitutionsWithoutConstitutionalism:TheFailure ofConstitutionalisminBrazil ...101 AugustoZimmermann 9 RuleofLaw,PowerDistribution,andtheProblemof FactioninCon?ictInterventions...147 DanielH. Levine ix x Contents 10 TheRuleofLawinTransitionalJustice:TheFujimori TrialinPeru ...177 LisaJ. Laplante 11 TheInteractionofCustomaryLawwiththeModern RuleofLawinAlbaniaandKosova...201 GencTrnavci 12 Dualism, Domestic Courts, and the Rule ofInternationalLaw...217 FionadeLondras Index...2 45 Contributors RobinCharlow HofstraUniversitySchoolofLaw,Hempstead,NY,USA, robin. charlow@hofstra. edu FionadeLondras SchoolofLaw,InstituteofCriminology,University CollegeDublin,Dublin,Ireland,?onadelondras@ucd. ie LisaJ. Laplante MarquetteUniversityLawSchool,Milwaukee,WI,USA; PraxisInstituteforSocialJustice,Medford,MA,USA, lisa. laplante@marquette. edu DanielH. Levine SchoolofPublicPolicy,InstituteforPhilosophyand PublicPolicy,UniversityofMaryland,CollegePark,MD,USA, dhlevine@umd. edu AnicetoMasferrer ComparativeLegalHistory,FacultyofLaw,University ofValencia,Valencia,Spain,aniceto. masferrer@uv. es JamesR. Maxeiner CenterforInternationalandComparativeLaw, UniversityofBaltimoreSchoolofLaw,Baltimore,MD,USA, jmaxeiner@ubalt. edu FredD. MillerJr. SocialPhilosophyandPolicyCenter,BowlingGreen StateUniversity,BowlingGreen,OH,USA,fmiller@bgnet. bgsu. edu RobertW. Peterson SantaClaraUniversitySchoolofLaw,SantaClara, CA,USA,rpeterson@scu. edu MortimerSellers UniversitySystemofMaryland;CenterforInternational andComparativeLaw,UniversityofBaltimoreSchoolofLaw,Baltimore, MD,USA,msellers@ubalt. edu W. S. R. Stoter FacultyofTechnology,PolicyandManagement,Policy, Organisation,LawandGamingResearchGroup,DelftUniversityof xi xii Contributors Technology,Delft,TheNetherlands;SchoolofLaw'sConstitutionaland AdministrativeLawResearchGroup,ErasmusUniversityRotterdam, Rotterdam,TheNetherlands,stoter@frg. eur. nl S. J. A. terBorg Policy,Organisation,LawandGamingResearchGroup, FacultyofTechnology,PolicyandManagement,DelftUniversityof Technology,Delft,TheNetherlands,s. j. a. terborg@tudelft. nl TadeuszTomaszewski FacultyofLaw,UniversityofWarsaw,Warsaw, Poland,tadtom@wpia. uw. edu. pl GencTrnavci UniversityofBihac, ' Bihac, ' BosniaandHerzegovina, trnavci_hrcpc@yahoo. com AugustoZimmermann MurdochUniversitySchoolofLaw,Perth,Western Australia,a. zimmermann@murdoch. edu.

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.

This volume showcases emerging interdisciplinary scholarship that captures the complex ways in which biological knowledge is testing the nature and structure of legal personhood. Key questions include: What do the new biosciences do to our social, cultural, and legal conceptions of personhood? How does our legal apparatus incorporate new legitimations from the emerging biosciences into its knowledge system? And what kind of ethical, socio-political, and scientific consequences are attached to the establishment of such new legalities? The book examines these problems by looking at materialities, the posthuman, and the relational in the (un)making of legalities. Themes and topics include postgenomic research, gene editing, neuroscience, epigenetics, precision medicine, regenerative medicine, reproductive technologies, border technologies, and theoretical debates in legal theory on the relationship between persons, property, and rights.