In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.

This book covers the different aspects, such as patents, trademarks and copyright of Intellectual Property (IP) from a more practical business perspective. Intellectual Property and Assessing its Financial Value describes the differences between regions, mainly the differences between the US and EU. In addition, several tools are presented for assessing the value of new IP, which is of importance before engaging on a new project that could result in new IP or for licensing purposes. The first chapter introduces the different types of IP and illustrating the business importance of capturing and safeguarding IP, the second chapter discusses patents and other forms of IP with subsequent chapters exploring copyright and trademarks in more detail, and a concluding chapter on the future of systems that can assess new IP value.
Introduces IP and various features from a business perspectiveIncludes tools to assess the value of new IP Provides a comprehensive and practical insight into IPExplores other forms of IP including designs, models, breeders rights, and domain namesOffers an applied approach to IP and systems to evaluate the value of new IP"

Kai Draper begins his book with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national no less than personal interests. That assumption might seem to demand a pacifist rejection of war, for any sustained war effort requires military operations that predictably kill many noncombatants as "collateral damage," and presumably at least most noncombatants have a right not to be killed. Yet Draper ends with the conclusion that sometimes recourse to war is justified. In making his argument, he relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory. Notably missing from that framework is any doctrine of double effect. Most just war theorists rely on that doctrine to justify injuring and killing innocent bystanders, but Draper argues that various prominent formulations of the doctrine are either untenable or irrelevant to the ethics of war. Ultimately he offers a single principle for assessing whether recourse to war would be justified. He also explores in some detail the issue of how to distinguish discriminate from indiscriminate violence in war, arguing that some but not all noncombatants are liable to attack.

David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. Our actions sometimes have an effect not only on the quality of life that people will enjoy in the future, but on which particular people will exist in the future to enjoy it. In cases where this is so, the combination of certain assumptions that most people seem to accept can yield conclusions that most people seem to reject. The non-identity problem has important implications both for ethical theory and for a number of topics in applied ethics, including controversial issues in bioethics, environmental ethics and disability ethics. It has been the subject of a great deal of discussion for nearly four decades, but this is the first book-length study devoted exclusively to its examination. Boonin begins by explaining what the problem is, why the problem matters, and what criteria a solution to the problem must satisfy in order to count as a successful one. He then provides a critical survey of the solutions to the problem that have thus far been proposed in the sizeable literature that the problem has generated and concludes by developing and defending an unorthodox alternative solution, one that differs fundamentally from virtually every other available approach.

The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence-and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.

The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure.

Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.

China s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.
Uses extensive legal materials and historical documents generally unavailable to Western based academicsGives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in ChinaAnalyses legal issues from historical and cultural perspectives holistically"

There are currently over 100 stateless nations pressing for greater self-determination around the globe. The vast majority of these groups will never achieve independence. Many groups will receive some accommodation over self-determination, many will engage in civil war over self-determination, and in many cases, internecine violence will plague these groups. This book examines the dynamic internal politics of states and self-determination groups. The internal structure and political dynamics of states and self-determination groups significantly affect information and credibility problems faced by these actors, as well as the incentives and opportunities for states to pursue partial accommodation of these groups.
Using new data on the internal structure of all self-determination groups and their states and on all accommodation in self-determination disputes, this book shows that states with some, but not too many, internal divisions are best able to accommodate self-determination groups and avoid civil war. When groups are more internally divided, they are both much more likely to be accommodated and to get into civil war with the state, and also more likely to have fighting within the group. Detailed comparison of three self-determination disputes in the conflict-torn region of northeast India reveals that internal divisions in states and groups affect when these groups get the accommodation they seek, which groups violently rebel, and whether actors target violence against their own co-ethnics.
The argument and evidence in this book reveal the dynamic effect that internal divisions within SD groups and states have on their ability to bargain over self-determination. Kathleen Gallagher Cunningham demonstrates that understanding the relations between states and SD groups requires looking at the politics inside these actors.

Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act.

The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development.

The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

According to the Oral History Association, the term oral history refers to "a method of recording and preserving oral testimony" which results in a verbal document that is "made available in different forms to other users, researchers, and the public." Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.

Millington and Sutherland Williams on The Proceeds of Crime provides a definitive guide to all aspects of the law concerning the recovery of the proceeds of crime in England and Wales. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. This new edition has been fully updated to include all important legislative changes over the last three years, and covers all significant case law, including discussion on R v Waya The new edition incorporates in-depth coverage of the relevant legislation, with analysis of the Proceeds of Crime Act 2002 and reference to case law under both the Drug Trafficking Act 1994 and the Criminal Justice Act 1988, as well as the most recent amendments under the Crime and Courts Act 2013. The new edition contains carefully selected appendices, including extracts from the Proceeds of Crime Act 2002, and draft restraint, receivership and civil recovery orders.

Contract: General Principles examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional, and social context in which contract law operates. The authors’ expert analysis and exposition of the legislative and common-law principles underlying the law of contract provides a rich, illuminating reading experience for legal practitioners, law students, and members of the general public interested in the subject. The authors explore the theoretical basis and structure of the South African law of contract and discuss the role played by the courts – which includes discussions of the latest court decisions and other sources of reference – in the interpretation and application of these rules and principles. Where the law is not settled, divergent opinions are considered and solutions offered, often referring to foreign jurisdictions.

The sixth edition of Contract: General Principles highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, and includes a discussion of new developments in the electronic age, including the use of smart contracts and their application to various aspects of contracting. Close attention is paid to the influence of constitutional jurisprudence and the role of good faith and ubuntu in the formation and enforcement of legal agreements, or as informing the application of the public policy standard. The treatment of the practical application of this standard in the context of agreements in restraint of trade has also been significantly expanded.

While the book’s basic approach has been retained, the chapters have been substantially refined and reworked with a sharper focus on the applicable principles and rules.

The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care.
The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large numbers of patients. The U.S. heavily depends on foreign-trained doctors to staff its health care system, and nearly forty percent of clinical trials are now run in the developing world, with indications of as much of a 10-fold increase in the past 20 years. NGOs across the world are agitating for increased access to necessary pharmaceuticals in the developing world, claiming that better access to medicine would save millions from early death at a relatively low cost. Coming on the heels of the most expansive reform to U.S. health care in fifty years, this book plots the ways in which this globalization will develop as the reform is implemented.

This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia.
This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate.
Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.

How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?
In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.
Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.
From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves. Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

Patently innovative provides a review of the importance of traditional patent law and emerging linkage regulations for pharmaceutical products on the global stage, with a focus on the linkage regime in Canada. The primary focus is on how innovation in the pharmaceutical sector can be strongly regulated and how government regulation can either stimulate or inhibit development of breakthrough products.
Includes empirical research to relate innovation to drug lawA multidisciplinary approach is taken, including the intersection of IP (intellectual property) law, drug law and innovationDiscusses the impact of government regulation on firm innovation

This book discusses the combined fields of Intellection Property and Information Science. At this crossroads of these two disciplines are lawyers, educators, intellectual property specialists, searchers, librarians, and consultants, each requiring a lengthy list of skills necessary for the job. The results of the work they do is used for business and legal decisions across many sectors of our society, including industry, academia, government, and non-profits, to name a few. This book originated from the American Chemical Society (ACS) Symposium entitled "IP to IP: Intellection Property for Information Professionals," presented in Washington DC on August 19th, 2009. It was organized to highlight the specialty training and education required to work in this field. The book is targeted towards Information Scientists learning about Intellectual Property. Traditional education sources such as universities are represented, and are specialty offerings from the pharmaceutical sector and the United States Patent and Trademark Office (USPTO).
The original six sessions from the Symposium are included in this text as separate chapters: Education and Certification of Patent Information Professionals in Europe; The PERI Patent Information Course; Law Librarianship: Exploring current trends in the 21st century; The USPTO: Education of the Inventor Community; Copyright Basics; Recent Developments in Patent Reform. Additional chapters and content have been added to more fully develop this text.
Although this Symposium captured several intellectual property topics with current information for mid-2009, this content should still prove to be a valuable resource to the reader in future years. This book is an resource for students or others looking to take the next step into intellectual property as a new career choice.

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness, and explains the issues at stake in those cases for lawyers and linguists. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants-their intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions of these terms, largely because mental states are virtually impossible to define. Their meaning, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-which is often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis during trial. This book examines how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. Shuy examines speech events, schemas, agendas, speech acts, conversational strategies, and smaller language units such as syntax, lexicon, and phonology, and discusses how these examinations can play a major role in deciding murder cases. After defining key terms common in murder investigations, Shuy describes fifteen fascinating cases, analyzing the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.