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.

Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.

Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”

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.

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.

In The Louisiana State Constitution, Lee Hargrave provides a compehensive history and provision-by-provision commentary of the state's current constitution. Descriptive analysis provides readers with important information about the origins of the constitutional provisions, as well as ways in which the courts and other governmental bodies have interpreted them. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In this newly revised work, Lawrence Friedman presents a comprehensive and accessible survey of New Hampshire constitutional history and constitutional law. One of the oldest written constitutions in the United States, the New Hampshire Constitution pre-dates the federal constitution and, with the Massachusetts Constitution, served as a model for many of the state constitutions that followed. This volume recounts the history of its drafting and development over the past 200 years and reviews in detail both the constitutional provisions that frame the state government as well as those that secure individual rights against government infringement. The book reviews the major cases decided under each provision and provides commentary on the continued development of state constitutional law in New Hampshire. The second edition provides revisions throughout the book updating each commentary with the latest cases including those involving the state constitutional right to education, along with cutting-edge issues of search and seizure law, making it the most comprehensive, single-volume guide to the New Hampshire Constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

'Brilliantly gripping' Sunday Times; 'Compelling' Daily Mail; 'Heart-rending' Sunday Telegraph; 'Excellent' The Times; 'Engrossing' Independent The UK's only war crimes trial took place in 1999 and had its origins in the horrors of the Holocaust, but only now in The Ticket Collector from Belarus can the full story be told. The Ticket Collector from Belarus tells the remarkable story of two interwoven journeys. Ben-Zion Blustein and Andrei Sawoniuk were childhood friends in 1930s Domachevo, a holiday and health resort in what is now Belarus. During the events that followed the Nazi invasion in 1941, they became the bitterest of enemies. After the war, Ben-Zion made his way to Israel, and 'Andrusha the bastard' to England, where he found work as a British Rail ticket collector in London. They next confronted each other in the Old Bailey, over half a century later, where one was the principal prosecution witness, and the other charged with a fraction of the number of murders he was alleged to have committed. There was no physical evidence, just one man's word against another, leaving the jury with a series of agonising dilemmas: Could any witness statement be trusted so long after the event? Was Andrusha a brutal killer, a hapless pawn or a scapegoat? And were his furious protests a sign of guilt or the justified anger of an innocent old man? Mike Anderson was gripped by the story, and so began his quest to find the truth about this astonishing case and the people at its heart. As he discovered, it was even more remarkable than he could ever have imagined.

An insider's account of a wrongful conviction and the fight to overturn it during the civil rights era This book is an insider's account of the case of Freddie Lee Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two white gas station attendants in Port St. Joe, Florida, in 1963, and sentenced to death. Phillip Hubbart, a defense lawyer for Pitts and Lee for more than 10 years, examines the crime, the trial, and the appeals with both a keen legal perspective and an awareness of the endemic racism that pervaded the case and obstructed justice. Hubbart discusses how the case against Pitts and Lee was based entirely on confessions obtained from the defendants and an alleged "eye witness" through prolonged, violent interrogations and how local authorities repeatedly rejected later evidence pointing to the real killer, a white man well-known to the Port St. Joe police. The book follows the case's tortuous route through the Florida courts to the defendants' eventual exoneration in 1975 by the Florida governor and cabinet. From Death Row to Freedom is a thorough chronicle of deep prejudice in the courts and brutality at the hands of police during the civil rights era of the 1960s. Hubbart argues that the Pitts-Lee case is a piece of American history that must be remembered, along with other similar incidents, in order for the country to make any progress toward racial reconciliation today. Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.

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.

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.

Over the course of its history, the United States Supreme Court has emerged as the most powerful judiciary unit the world has ever seen. Paul D. Moreno's How the Court Became Supreme offers a deep dive into its transformation from an institution paid little notice by the American public to one whose decisions are analyzed and broadcast by major media outlets across the nation. The Court is supreme today not just within the judicial branch of the federal government but also over the legislative and executive branches, effectively possessing the ability to police elections and choose presidents. Before 1987, nearly all nominees to the Court sailed through confirmation hearings, often with little fanfare, but these nominations have now become pivotal moments in the minds of voters. Complaints of judicial primacy range across the modern political spectrum, but little attention is given to what precisely that means or how it happened. What led to the ascendancy of America's highest court? Moreno seeks to answer this question, tracing the long history of the Court's expansion of influence and examining how the Court envisioned by the country's Founders has evolved into an imperial judiciary. The US Constitution contains a multitude of safeguards to prevent judicial overreach, but while those measures remain in place today, most have fallen into disuse. Many observers maintain that the Court exercises legislative or executive power under the guise of judicial review, harming rather than bolstering constitutional democracy. How the Court Became Supreme tells the story of the origin and development of this problem, proposing solutions that might compel the Court to embrace its more traditional role in our constitutional republic.

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

This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.

In 1992, three hundred innocent Haitian men, women, and children who had qualified for political asylum in the United States were detained at Guantanamo Bay, Cuba -- and told they might never be freed. Charismatic democracy activist Yvonne Pascal and her fellow refugees had no contact with the outside world, no lawyers, and no hope . . . until a group of inspired Yale Law School students vowed to free them.

Pitting the students and their untested professor Harold Koh against Kenneth Starr, the Justice Department, the Pentagon, and Presidents George H. W. Bush and Bill Clinton, this real-life legal thriller takes the reader from the halls of Yale and the federal courts of New York to the slums of Port-au-Prince and the windswept hills of Guantanamo Bay and ultimately to the U.S. Supreme Court. Written with grace and passion, "Storming the Court" captures the emotional highs and despairing lows of a legal education like no other -- a high-stakes courtroom campaign against the White House in the name of the greatest of American values: freedom.

This innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.

Infamous for authoring two concepts since favored by government powers seeking license for ruthlessness-the utilitarian notion of privileging the greatest happiness for the most people and the panopticon-Jeremy Bentham is not commonly associated with political emancipation. But perhaps he should be. In his private manuscripts, Bentham agonized over the injustice of laws prohibiting sexual nonconformity, questioning state policy that would put someone to death merely for enjoying an uncommon pleasure. He identified sources of hatred for sexual nonconformists in philosophy, law, religion, and literature, arguing that his goal of "the greatest happiness" would be impossible as long as authorities dictate whose pleasures can be tolerated and whose must be forbidden. Ultimately, Bentham came to believe that authorities worked to maximize the suffering of women, colonized and enslaved persons, and sexual nonconformists in order to demoralize disenfranchised people and prevent any challenge to power. In Uncommon Sense, Carrie Shanafelt reads Bentham's sexual nonconformity papers as an argument for the toleration of aesthetic difference as the foundation for egalitarian liberty, shedding new light on eighteenth-century aesthetics and politics. At odds with the common image of Bentham as a dehumanizing calculator or an eccentric projector, this innovative study shows Bentham at his most intimate, outraged by injustice and desperate for the end of sanctioned, discriminatory violence.