This book concludes a trilogy that began with studies on Dante Alighieri s Sense of Justice (2011) and Adam Smith as Legal Historian (2012) with a work about the French contribution to the intellectual history of the law. It examines the development of the basic principles of law during the Early Modern Era that the German Science Council recently set as a target for legal education."

This book seeks to reframe our understanding of the lawyer's work by exploring how Martin Luther King, Jr built his advocacy on a coherent set of moral claims regarding the demands of love and justice in light of human nature. King never shirked from staking out challenging claims of moral truth, even while remaining open to working with those who rejected those truths. His example should inspire the legal profession as a reminder that truth-telling, even in a society that often appears morally balkanized, has the capacity to move hearts and minds. At the same time, his example should give the profession pause, for King's success would have been impossible without his substantive views about human nature and the ends of justice. This book is an effort to reframe our conception of morality's relevance to professionalism through the lens provided by the public and prophetic advocacy of Dr King.

The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession. The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice. The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya - a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

In this compelling volume in the What Everyone Needs to Know(r) series, Paul Waldau expertly navigates the many heated debates surrounding the complex and controversial animal rights movement.
Organized around a series of probing questions, this timely resource offers the most complete, even-handed survey of the animal rights movement available. The book covers the full spectrum of issues, beginning with a clear, highly instructive definition of animal rights. Waldau looks at the different concerns surrounding companion animals, wild animals, research animals, work animals, and animals used for food, provides a no-nonsense assessment of the treatment of animals, and addresses the philosophical and legal arguments that form the basis of animal rights. Along the way, readers will gain insight into the history of animal protection-as well as the political and social realities facing animals today-and become familiar with a range of hot-button topics, from animal cognition and autonomy, to attempts to balance animal cruelty versus utility. Chronicled here are many key figures and organizations responsible for moving the animal rights movement forward, as well as legislation and public policy that have been carried out around the world in the name of animal rights and animal protection. The final chapter of this indispensable volume looks ahead to the future of animal rights, and delivers an animal protection mandate for citizens, scientists, governments, and other stakeholders.
With its multidisciplinary, non-ideological focus and all-inclusive coverage, Animal Rights represents the definitive survey of the animal rights movement-one that will engage every reader and student of animal rights, animal law, and environmental ethics.
What Everyone Needs to Know(r) is a registered trademark of Oxford University Press

In this up-to-date new Edition, Wright and his team of expert contributing authors incorporate results of the latest studies on sex offender policies in their critical analyses of current laws, and assess the most effective approaches in preventing sex offender recidivism. This provocative book has been updated throughout to reflect the latest research in the fields of criminal justice, law, forensic psychology, and social work. It is the only book on the market that offers such a focused and comprehensive examination of current sex offender laws and policies and what is known about their efficacy. This new and expanded Edition of the book presents alternative models and approaches to sex offense laws and policies, including a brand new chapter on Sexual Assault Nurse Examiner programs. The authors explore critical, cutting-edge topics, such as sexting, internet sexual solicitation, the death penalty, and community responses to sex offense.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities.
Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.

Adam Smith was not just a pioneer of political economy; he was also a moral philosopher who aspired to write a systematic theory of law. Though he never completed the project - he asked the executors of his estate to burn his notes - his major published works contain a multitude of passages from which significant portions of his legal theory can be reconstructed. Many of Smith's views are of great relevance to present-day issues. He proposed financial regulation restricting the freedom of individuals, which he likened to the necessity of equipping buildings with firewalls. In light of the global firestorm caused by the most recent banking crisis, Smith's ideas appear strikingly modern.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.

Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Bislang sind40 BAnde mitA1/4ber 2800 Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen. Der vorliegende Band 41 umfasst die Entscheidungen in Kirchensachen fA1/4r den Zeitraum 1.7.2002 bis 31.12.2002.

Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen.

Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of ethical issues that confront law enforcement, judicial system, and correctional personnel. Easy to read, practical, and filled with real-life scenarios, this comprehensive volume sheds light on an often complicated and controversial topic.

The book begins by defining the subject matter, explaining what ethics is, and what it is not. It explores the concept of false moral identity, examines difficult decisions that arise from attorney-client privilege, and discusses problematic issues such as officer gratuities. Next, the book provides a historical review of the concept of ethical reasoning, examining different religious and cultural influences and exploring ethics from various schools of philosophy.

Ethics and police officers

The authors discuss management and corruption, the causes and effects of abuse of authority, police perjury, and the practice of lying to obtain a confession. They explore the role of prejudice and discrimination in unethical behavior and review legislation designed to curb such practices.

Ethics in the courtroom

Shifting to issues that arise in the courtroom, the book addresses prosecutorial and judicial misconduct, discovery violations, the presentation of inadmissible evidence, discretion to prosecute, and defense counsel ethics.

Ethics in the prison system

Finally, the book explores issues that arise with respect to correction. The authors examine the four purposes of punishment: retribution, deterrence, incapacitation, and rehabilitation, as well as the death penalty and methods of execution.

Each chapter ends with a set of review questions to test comprehension and a series of exercises further clarifies the material. Interspersed with the content are real-life vignettes that help to ground the theoretical concepts in practice and actual court cases that illustrate the principles. Ample references are provided to inspire further study of issues for which often there are no easy answers.

The phrase a oeBrilliance of Justicea originated from Nietzsche, who admittedly valued this form of brilliance at least as much as all others. Unexpectedly, Nietzsche was neglected by the field of legal philosophy even though he regarded legal philosophy as especially challenging. The author examines Nietzschea (TM)s numerous observations on justice, beginning with his earliest work on aphorisms and the Zoroaster and includes his posthumous writings and then relates these to his statements on law.

die vom Institut fur Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen Fakultat der Universitat zu Koln betreute Sammlung "Entscheidungen in Kirchensachen seit 1946" bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum Verhaltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bildet zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fur die Verhaltnisse in Deutschland relevante Rechtsprechung europaischer Gerichtshofe in die Sammlung einbezogen.?"

Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.

[a oeRulings in Ecclesiastical Matters Since 1946a ]The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

This collection contains the very best writing on lawyers' ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer's role as well as the personal and professional dilemmas lawyers face in the practice of law. What does it mean to be a good lawyer? How does a lawyer navigate the inevitable tension between moral principles and professional responsibilities? The collection brings together previously published articles alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. This volume is of interest to teachers and scholars of legal ethics, and undergraduate and graduate students of law.