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Books > Law > Jurisprudence & general issues > Legal history
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
In America today, one in every hundred adults is behind bars. As
our prison population has exploded, "law and order" interest groups
have also grown-in numbers and political clout. Committed to
punitive justice, these organizations perpetuate America's
imprisonment binge. The Toughest Beat forcefully demonstrates how
this cyclical process has unfolded in California. In crisp, vivid
prose, Joshua Page argues that the Golden State's prison boom
fueled the rise of one of the most politically potent and feared
interest groups in the nation: the California Correctional Peace
Officers Association (CCPOA). As it made great strides for its
members, the prison officers' union also fundamentally altered the
composition and orientation of the penal field. It promoted extreme
punishment and moralistic conceptions of prisoners, helped
institute ultra-tough penal policies such as Three Strikes and
You're Out, obstructed efforts to privatize prisons, and empowered
sympathetic political figures and groups, including crime victims'
organizations that it helped create. To understand the nature,
purpose, and scope of California's penal system, Page explains, we
cannot neglect the story of this group so often known simply as
"the powerful prison guards union." Page draws on years of
intensive research, using the lessons of the CCPOA to illuminate
concrete processes that determine criminal justice outcomes at the
state level. He demonstrates how actors produce and reinforce the
penal status quo and considers whether, by making these mechanisms
clear, we might open the door to real and lasting change in the
penal field and beyond. The Toughest Beat is essential reading for
anyone concerned with contemporary crime and punishment, interest
group politics, and public sector labor unions.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
This insightful book traces the evolution of corporate power in the
United States, from social control over corporate power under early
state laws to the modern liberation of the corporation serving
primarily private purposes. It illustrates how the transition of
attitudes towards corporations and dynamic changes in public policy
have ushered in an age of financial fragility, income inequality
and macroeconomic instability. The book employs an evolutionary
methodology to consider the role of the corporation in the US
economy, and how that role as a tool for public purposes, defined
by special charters, changed with the widening of markets and
increasing industrial capacity for mass production. Evaluating the
stages of capitalist development, chapters demonstrate how the
co-evolution of law, economics and finance altered economic
organization, leading to the evolution of core economic concepts
such as capital, income and resources. The book examines the
transition of corporate purpose towards generating wealth and
enhancing profits in the early twentieth century and analyzes
recent trends through illuminating case studies in
financialization. It concludes with crucial insights into the
future of the corporation, offering potential pathways for
economists to intervene and address the systemic problems that are
endemic to the modern financial era. A rousing and provocative call
to arms for modern economists, this book is key reading for
scholars and researchers of economics, particularly those focusing
on the evolution of economic and business institutions and its
impact on the social fabric of the US. Practitioners and
policymakers will also benefit from its empirical perspectives on
financialization.
This updated and revised second edition provides a comprehensive
scholarly framework for analyzing the theory and history of
international law. Featuring an array of legal and
interdisciplinary analyses, it focuses on those theories and
developments that illuminate the central and timeless basic
concepts and categories of the international legal system,
highlighting the interdependency of various aspects of theory and
history and demonstrating the connections between theory and
practice. With contributions from renowned experts, this Research
Handbook explores the essence and development of international
legal theory, taking account of the key shifts and advances since
the era of classical legal scholarship. Contributors examine
several major areas of international law in depth, before
transferring their focus to the history of international law from
the medieval period up to the present day. Coverage has been
expanded to include analysis of the origins of and Eurocentric
narratives surrounding the present system, and to discuss
significant developments of the 21st century. Scholars and students
of international law and politics looking for an in-depth
understanding of the current international legal system and its
history will find this Research Handbook to be crucial reading. Its
theoretical approach will also be of interest to legal theorists,
as well as researchers in ethics and philosophy.
Conceptualizing the nature of reality and the way the world
functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of
human rights law in the strict subject/object dichotomy. Seeking to
dismantle this dichotomy using topo-logic, a concept developed by
Japanese philosopher Nishida Kitaro, this topical book formulates
ways to operationalize alternative visions of human rights
practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates,
emerges from and reflects a particular Western worldview through a
quest for rationality and formal logic. Taking a metaphysical and
epistemological perspective, this book explores the alternative
views of reality and logic, developed by Kitaro, to demonstrate how
topo-logic can enable both a theoretical and a practical renewal of
human rights and overcome the subject/object dichotomy. Examining
the recent growth of social movements, decolonization and
diversification of discourses about human rights, and substantive
equality, the book identifies these developments in contemporary
human rights as indications of a movement towards a topo-logical
view beyond the subject/object dichotomy. Students and scholars of
critical legal studies, legal theory and philosophy, and
international human rights law will find this book to be an
invigorating read. Laying ground for the possible renewal and
enhancement of human rights law, it will also be a useful resource
for practitioners of human rights law.
This stimulating book considers the ways in which historical
jurisprudence deserves to be rethought, arguing that there is much
more to the history of legal thought than the ideas, and ideology,
of the nineteenth and early twentieth century jurists, such as Karl
von Savigny and Sir Henry Maine. In doing so, Geoffrey Samuel looks
at the history of legal thought, method and reasoning from the
position of three questions that will help readers to reflect on
the nature of legal knowledge. First, what has legal knowledge been
in the past? Secondly, taking a cue from the work of Thomas Kuhn,
have there been scientific revolutions in the history of law?
Thirdly, do jurists today know more about law as a body of
knowledge than jurists of the past? In other words, does the
history of law reveal a body of cumulative knowledge? This nuanced
book shows how, in re-examining legal knowledge from a diachronic
perspective, historical jurisprudence can be rethought as a domain
concerned with contemporary legal epistemology. Ambitious in its
scope, Rethinking Historical Jurisprudence will be a key resource
for students and scholars in the fields of legal philosophy, legal
theory and history and research methods in law.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This engaging and accessible book focuses on high-profile
criminal trials and examines the strategy of the lawyers, the
reasons for conviction or acquittal, as well as the social
importance of these famous cases. Key features include: An in-depth
examination of cases that are described only superficially in the
media Comparative analysis of headline crimes and the evolving
issues of crime, punishment and justice Detailed exploration of 11
landmark criminal cases including the trials of Amanda Knox, Mike
Tyson and O.J. Simpson. The Advanced Introduction to Landmark
Criminal Cases will be a key resource for students and scholars of
criminal law and justice. It will also make an interesting read for
lawyers and those interested in the famous trials of the last
century.
Theories of Legal Relations is an astute examination of existing
legal systems that explores the notion of legal relationships and
frameworks, using various analytical approaches to legal theory
including subjectivist, objectivist, psychological and empirical.
Emmanuel Jeuland defends the logical anteriority of relationships
in law and their universality (e.g. in the new Chinese Civil Code),
addressing new issues such as the possibility of legal
relationships with natural and artificial entities. He delves into
the consequences of these potential relationships in terms of
theory of law, legal reasoning and theory of justice. Chapters
discuss legal relationships within legal systems globally,
including the intention to create a legal relationship in the UK,
declaratory judgments in the US, relationship of courtesy in
Germany, and the commercial relationship in France. Providing a
well-rounded analytical investigation into legal relations
involving relational autonomy, this timely book will be an ideal
read for both legal and interdisciplinary scholars interested in
legal philosophy, society and culture. Other academics concerned
with relationships with natural or artificial entities will also
find this book to be a stimulating read.
This cutting-edge book facilitates debate amongst scholars in law,
humanities and social sciences, where comparative methodology is
far less well anchored in most areas compared to other research
methods. It posits that these are disciplines in which comparative
research is not simply a bonus, but is of the essence. Featuring
discussions and reflections from scholars experienced in conducting
comparative research, this book considers the ways in which
comparative legal research can gain important comparative,
qualitative and interpretive insights from the humanities and from
the social sciences. Chapters examine contrasting comparative legal
versus historical approaches, comparative sociology, comparative
religion, comparative (legal) anthropology, comparative philosophy,
comparative economics and more. Additionally, the book considers
the challenges that lie ahead, not just for comparative legal
research, but for comparative disciplines as a whole. Of the many
challenges that are identified and discussed, the book concludes
that comparative research can especially be further developed when
it is also understood as a research design, instead of just a
method. Inspiring and progressive, this book will be a crucial
reference point for both research students and experienced
researchers who are embarking on comparative research within the
disciplines of law, humanities and social sciences.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This engaging and accessible book focuses on high-profile
criminal trials and examines the strategy of the lawyers, the
reasons for conviction or acquittal, as well as the social
importance of these famous cases. Key features include: An in-depth
examination of cases that are described only superficially in the
media Comparative analysis of headline crimes and the evolving
issues of crime, punishment and justice Detailed exploration of 11
landmark criminal cases including the trials of Amanda Knox, Mike
Tyson and O.J. Simpson. The Advanced Introduction to Landmark
Criminal Cases will be a key resource for students and scholars of
criminal law and justice. It will also make an interesting read for
lawyers and those interested in the famous trials of the last
century.
This insightful book considers how the European Court of Human
Rights (ECHR) is faced with numerous challenges which emanate from
authoritarian and populist tendencies arising across its member
states. It argues that it is now time to reassess how the ECHR
responds to such challenges to the protection of human rights in
the light of its historical origins. Written by a group of
established and emerging experts from diverse backgrounds, this
book offers a fresh perspective on the questions and challenges
facing the ECHR, bringing together different, and thus far
isolated, strands of academic and political debate. Contributions
combine historiographical insights with explorations of the current
and pressing need for the ECHR to find a role for itself,
especially in an environment where there is increased scepticism
towards the idea of human rights protection. In particular, the
critical conception of the Convention as an 'alarm bell mechanism'
is examined and assessed in relation to its original goal to
prevent authoritarian backsliding. The European Court of Human
Rights: Current Challenges in Historical Perspective will be an
important source of reference to academic researchers and students
with an interest in human rights, international law and the law and
politics of international organisations. It will also appeal to
policymakers and legal practitioners due to its examination of
pertinent legal and political issues that challenge international
organisations.
Is comparative legal history an emerging discipline or a
much-needed dialogue between two academic subjects? This research
handbook presents the field in a uniquely holistic way, and
illustrates how comparative law and legal history are inextricably
related. Cementing a solid theoretical grounding for the
discipline, legal historians and comparatists place this subject at
the forefront of legal science. Comprehensive in coverage, this
handbook collates theory and method for comparative legal history,
as well as discussing international legal sources and judicial and
civil institutions. Particular attention is paid to custom and
codification, contracts, civil procedure and ownership. By
assessing the evolution of law across European, Asian, African and
American environments from the pre-modern era to the nineteenth
century, the chapters provide stimulating and enlightening cases of
legal history through a comparative lens. A centrepiece for this
field of scholarship, this research handbook will be an essential
resource for scholars interested in comparative law, legal theory
and legal history, from both legal and social science backgrounds.
Contributors: S.P. Donlan, S. Drescher, M. Dyson, P. Finkelman, D.
Freda, A. Giuliani, J.-L. Halperin, D. Heirbaut, E. Kadens, M.S.-H.
Kim, A. Masferrer, D. Michalsen, K.A. Modeer, O. Moreteau, J.A.
Obarrio, A. Parise, H. Pihlajamaki, W. Swain, A. Taitslin, C.H. van
Rhee, J. Vanderlinden
Allan Beever lays the foundation for a timely philosophical and
empirical study of the nature of law with a detailed examination of
the structure of evolving law through declaratory speech acts. This
engaging book demonstrates both how law itself is achieved and also
its ability to generate rights, duties, obligations, permissions
and powers. Structured into three distinct parts - the philosophy
of law and jurisprudence, the structure of the social word and the
ontology of law, and the reconstruction of the philosophy of law -
the author provides insight into law as a human institution and
reveals that central debates are often based on misunderstandings
of interpretation and intentionality. Inspired by the philosophy of
John Searle alongside other well-respected legal theorists, the
author also analyses both sides of the mainstream jurisprudential
divide in its current state, in particular the theory of legal
positivism. Examining all aspects of law and answering the
important question of 'What is Law?', this book will be an
invaluable resource for academics and advanced students in law
schools and philosophy departments.
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