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.

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.

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.

An engaging account of ambition, the forces that drive and constrain it, and whether it serves our deepest needs. Ambition is a dominant force in for human civilization, driving its greatest achievements and most horrific abuses. Our striving has brought art, airplanes, and antibiotics, as well as wars, genocide, and despotism. This mixed record raises obvious concerns about how we can channel ambition in the most productive directions. In Ambition, Deborah L. Rhode offers a comprehensive and engaging survey of the topic that focuses in particular on the nature of ambition in contemporary American life. To do this, she first explores three central focuses of ambition-recognition, power, and money-and argues that an excessive preoccupation with these external markers for success can be self-defeating for individuals and toxic for society. She then shifts to discussing the obstacles to constructive ambition and the consequences when ambitions are skewed or blocked by inequality and identity-related characteristics such as gender, race, class, and national origin. Rhode further addresses the ways that families, schools, and colleges might play a more effective role in developing positive ambition. Finally, she examines what sorts of ambitions contribute to sustained well-being, such as building relationships and contributing to society, rather than chasing extrinsic rewards such as wealth, power, and fame. Drawing upon leading thinkers on the topic and contemporary social science research while laying out an agenda for how ambition can be better developed, Ambition will force us reconsider the factors that shape our ambitions, and whether those ambitions meet our deepest needs and highest aspirations.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.

This new volume of Sociology of Crime, Law and Deviance addresses issues of race and ethnicity within the law and law-related phenomena. Even in today's so-called multicultural, post-racial world racial and ethnic concerns prevail in many aspects of modern law. Contributors to this volume examine racial and ethnic disparities in sentencing and punishment; the continued problematic nature of the African American experience within the US system; the criminalization of immigrants; racial inequities in the administration of drug laws; and the racial disparities that affect juvenile justice. This volume will be of interest to students and researchers in law, socio-legal studies, criminology, criminal justice, sociology and public policy.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: an analysis of Charles Reznikoff's autobiography and its implications for residential lease law; a classification of condominium crime; an historical and developmental account of judicial activism; a reconceptualization of the legal approach to the reproductive rights of adolescents; an examination of the stories told by foster care youth to legislatures, courts and policymakers; an account of the role of maturity, policy, and parental authority in legal standards for minor's rights; and the debate surrounding transgender children and teaching gender identity in schools. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

The legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.

Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

Access to justice for all, regardless of the ability to pay, has been a core democratic value. But this basic human right has come under threat through wider processes of restructuring, with an increasingly market-led approach to the provision of welfare. Professionals and volunteers in Law Centres in Britain are struggling to provide legal advice and access to welfare rights to disadvantaged communities. Drawing upon original research, this unique study explores how strategies to safeguard these vital services might be developed in ways that strengthen rather than undermine the basic ethics and principles of public service provision. The book explores how such strategies might strengthen the position of those who provide, as well as those who need, public services, and ways to empower communities to work more effectively with professionals and progressive organisations in the pursuit of rights and social justice agendas more widely.

Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.

This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215-1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages. -- .

Our current legal system is to a great extent the product of an earlier period of social and economic transformation. From the late nineteenth century through the mid-twentieth century, as accountability for industrial-age harms became a pervasive source of conflict, the U.S. legal system underwent profound, tectonic shifts. Today, ownership of information-age resources and accountability for information-age harms have become pervasive sources of conflict, and different kinds of change are emerging. In Between Truth and Power, Julie E. Cohen explores the relationships between legal institutions and political and economic transformation. Systematically examining struggles over the conditions of information flow and the design of information architectures and business models, she argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is too is transforming in fundamental ways. Drawing on elements from legal theory, science and technology studies, information studies, communication studies and organization studies to develop a complex theory of institutional change, Cohen develops an account of the gradual emergence of legal institutions adapted to the information age and of the power relationships that such institutions reflect and reproduce. A tour de force of ambitious interdisciplinary scholarship, Between Truth and Power will transform our thinking about the possible futures of law and legal institutions in the networked information era.

Over the years, there have been increasing intersections between religious claims and nationalism and their power to frame and govern world politics. When Politics Are Sacralized interdisciplinarily and comparatively examines the fusion between religious claims and nationalism and studies its political manifestations. State and world politics, when determined or framed by nationalism fused with religious claims, can provoke protracted conflict, infuse explicit religious beliefs into politics, and legitimize violence against racialized groups. This volume investigates how, through hegemonic nationalism, states invoke religious claims in domestic and international politics, sacralizing the political. Studying Israel, India, the Palestinian National Movement and Hamas, Sri Lanka, Saudi Arabia, Serbia, Iran, and Northern Ireland, the thirteen chapters engage with the visibility, performativity, role, and political legitimation of religion and nationalism. The authors analyze how and why sacralization affects political behaviors apparent in national and international politics, produces state-sponsored violence, and shapes conflict.

In this comprehensive review of urban ethnography, Steven Lubet encountered a field that relies heavily on anonymous sources, often as reported by a single investigator whose underlying data remain unseen. Upon digging into the details, he discovered too many ethnographic assertions that were dubious, exaggerated, tendentious, or just plain wrong. Employing the tools and techniques of a trial lawyer, Lubet uses original sources and contemporaneous documentation to explore the stories behind ethnographic narratives. Many turn out to be accurate, but others are revealed to be based on rumors, folklore, and unreliable hearsay. Interrogating Ethnography explains how qualitative social science would benefit from greater attention to the quality of evidence, and provides recommendations for bringing the field more closely in line with other fact-based disciplines such as law and journalism.

Uncle Tom is the most piercing epithet blacks can hurl at one another. It marks targets as race traitors, and that painful stain is often permanent. Much more than a slur, Uncle Tom is a vital component of a system of social norms in the black community that deters treachery. In this book, Brando Simeo Starkey provocatively argues that blacks must police racial loyalty and that those successfully prosecuted must be punished with the label Uncle Tom. This book shadows Uncle Tom throughout history to understand how these norms were constructed, disseminated, applied, and enforced. Why were Martin Luther King Jr., Marcus Garvey, Muhammad Ali, Jackie Robinson, Thurgood Marshall, and others accused of racial betrayal? In Defense of Uncle Tom answers this and other questions and insists that Uncle Tom is too valuable to discard. Because it deters treachery, this epithet helps build black solidarity, a golden tool in promoting racial progress."

Originally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.

In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

An Equal Place is a monumental study of the role of lawyers in the movement to challenge economic inequality in one of America's most unequal cities: Los Angeles. Breaking with the traditional focus on national civil rights history, the book turns to the stories of contemporary lawyers, on the front lines and behind the scenes, who use law to reshape the meaning of low-wage work in the local economy. Covering a transformative period of L.A. history, from the 1992 riots to the 2008 recession, Scott Cummings presents an unflinching account of five pivotal campaigns in which lawyers ally with local movements to challenge the abuses of garment sweatshops, the criminalization of day labor, the gentrification of downtown retail, the incursion of Wal-Mart groceries, and the misclassification of port truck drivers. Through these campaigns, lawyers and activists define the city as a space for redefining work in vital industries transformed by deindustrialization, outsourcing, and immigration. Organizing arises outside of traditional labor law, powered by community-labor and racial justice groups using levers of local government to ultimately change the nature of labor law itself. Cummings shows that sophisticated legal strategy - engaging yet extending beyond courts, in which lawyers are equal partners in social movements - is an indispensable part of the effort to make L.A. a more equal place. Challenging accounts of lawyers' negative impact on movements, Cummings argues that the L.A. campaigns have achieved meaningful reform, while strengthening the position of workers in local politics, through legal innovation. Dissecting the reasons for failure alongside the conditions for success, this groundbreaking book illuminates the crucial role of lawyers in forging a new model of city-building for the twenty-first century.

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.

The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.