Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the 'common good'. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of 'life' as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.

Bill Coleman's story is one that younger generations should mark and inwardly digest, lest they forget the pioneers who helped to make a better America possible."" From the Foreword by Stephen G. Breyer. William Coleman has spent a lifetime opening doors and breaking down barriers. He has been an eyewitness to history; moreover, he has made history. This is his inspiring story, in his own words. Americans of color faced daunting barriers in the 1940s. Despite graduating first in his class at Harvard Law and clerking for Supreme Court Justice Felix Frankfurter, Coleman was shut out of major East Coast law firms. But as the Philadelphia native writes, ""The times, they were a'changing."" He not only benefited from that change he helped propel it, by way of dogged determination, undeniable intellect, and stellar accomplishment. Coleman's legal work with Thurgood Marshall and the NAACP Legal Defense and Educational Fund helped jumpstart the civil rights movement in the 1950s. He was the first American of color to clerk for the Supreme Court, and later served as senior counsel to the Warren Commission, investigating the assassination of President John F. Kennedy. In 1975 he was appointed secretary of transportation by President Gerald Ford the first American of color to serve in a Republican cabinet and in 1995 he received the Presidential Medal of Freedom from Bill Clinton. At his core, Bill Coleman is a lawyer. He strives to be a ""counsel for the situation"" an advocate able to take on major matters in a variety of legal disciplines while upholding the highest traditions of justice and the public interest. He is fiercely proud of the legal profession's role in a democratic society and free economy, and he is grateful for the opportunities that profession has afforded him in the court room, the board room, and the corridors of power. It is through this prism that he relates his own story his life and the law. The results speak for themselves, and in this immensely entertaining chronicle, the Counsel for the Situation speaks for himself.

The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students' capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the "should we be teaching this?" variety, but "how might we best to go about doing this, so that our efforts within law schools really make some difference?" Each of the chapters in this volume adds uniquely to our understanding of these matters.

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.

It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation.

This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers.

The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.

On 6 April 2014 long-awaited reforms, came into force, unifying and radically reforming the law governing enforcement agents, and creating a new statutory procedure of commercial rent arrears recovery. In the second edition of this popular book, highly respected practitioners in property law and enforcement set out the most up-to-date and comprehensive review of the new law. Coverage includes: the new standards and certification for enforcement agents a complete review of the Taking Control of Goods Regulations 2013 the abolition of distress for rent the introduction of Commercial Rent Arrears Recovery (CRAR) the criminalisation of squatting. The authors combine their authoritative review and analysis of the law with insights into the practical impact of the rules and regulations, uniquely illustrated by numerous examples and practice points. The book also includes extracts from the relevant law and regulations, and so gathers in one convenient volume all the relevant law and guidance on enforcement and debt recovery for property lawyers, enforcement agents, commercial landlords, surveyors and insolvency practitioners.

Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

The COVID-19 pandemic has changed working practices across the globe. It has been predicted that as much as 80 percent of the legal workforce will remain transient or permanently working from home after the COVID-19 crisis ends, with only around a fifth as full-time office workers. Although law firms typically weather downturns better than the overall economy, revenues, working practices, and working culture will all change. The expected economic downturn may not directly translate into a decline for professional services, as market difficulties, regulatory responses, stimulus programs, changes in employment, and other stressors provide potential sources of demand - particularly in the legal sector. What is clear is that personnel issues will come to the fore, and law firm leaders will have to respond proactively, both to mitigate risk and to make the best of a challenging and changing situation. Transitioning from an industry famed for office working to one that is more responsive, flexible and individualistic will provide as many opportunities as it will challenges.

Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales.

Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence.

An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

This title was first published in 2001. This work explores the professional standards of the French bar as it moves, rapidly but with misgivings, into a world of competition, organization and globalism. It focuses on the ideology of French legal ethics in its historical and social contexts, rather than the details of the rules governing avocats. Those rules are technical and, in many respects, similar to the rules in effect in the USA. But lawyers in France and the United States base their rules on strikingly different pictures of lawyers. French avocats classify their duties as a series of virtues - probity, honour and delicacy - to follow one official formulation. By contrast, lawyers in the USA, to judge from the way they justify their rules, consider their fellows scoundrels who, without regulation, would cheat their clients, opposing parties and other lawyers. The author's goal is to describe, in their cultural and institutional contexts, the professional ideals of the French bar as it remembers its past and faces its future.

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency-as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Pandemics bring the world to a standstill. All economies are based on confidence, yet during and after a pandemic, uncertainty and fear abound. The entire professional services sector the world over - which includes law firms, accounting firms, brokerages, consulting firms, etc. - are cash-based, people-centric, and relationship-driven businesses. The rapid changes to relationships - both professional and personal - caused by a pandemic are structural and deep. The definition of "business as usual" is altered, and all professional services providers need to adapt and change quickly to respond to the new ways that employees, clients, and everyone else will behave, communicate, buy, and use their services in the future. The speed at which information travels will not slow down.

When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.

From the people who brought you the bestselling Confessions of a GP. Russell is a young criminal Barrister. It's his job to defend the people who have found themselves on the wrong side of the law - Petty thieves, career criminals, drug dealers and murderers... The scary son of a famous footballer, whose violent behaviour has got him in trouble so many times he almost knows the law better than Russell. The thief of a marital aid, who has a rather unusual defence. The 27 year old drug addict accused of stealing a push-bike, a chainsaw, a bag full of washing and a small fridge - all at the same time. And Russell's first murder case - a young woman accused of murdering her violent boyfriend. This fascinating insight takes us behind the closed doors of the British legal world. With plenty of drama inside - and outside - of the courtroom, you'll find out how CCTV can make or break a case, how your Facebook page could land you in jail and why on earth they wear those funny wigs!

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general."

A timely and apposite treatise on Papua New Guinea's economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style.

Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation.

This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.

A timely and apposite treatise on Papua New Guinea's economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style.

Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation.

This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective.

An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres.

It details:

• 
  

  
  

• a flourishing of law's spatiality and urban legal locality
• 
  
• an unfolding of both the juridical urban body and the city's legal dreams, of both the 'urban law' and the 'juridical polis'.
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Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer 'a liberal education in the law'? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective.

An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres.

It details:

• a flourishing of lawa (TM)s spatiality and urban legal locality
• an unfolding of both the juridical urban body and the citya (TM)s legal dreams, of both the a ~urban lawa (TM) and the a ~juridical polisa (TM).

Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

This new book argues that sovereignty, generally defined as the supreme authority in a political community, has a neglected democratic dimension that highlights the expansion of substantive individual rights and freedoms at home and abroad. Offering an historically based assessment of sovereignty that neither reifies the state nor argues sovereignty and the state are eroding under globalizing processes, the book maintains that sovereignty norms have continually changed throughout the history of the sovereign state. Matthew Weinert links international legal developments that restrict and coordinate sovereignty practices with an ethical undercurrent in International Relations, one such example is the creation of the International Criminal Court in 2002. Drawing on seven additional historical case studies, he outlines how campaigns informed by a commitment to the common good, or at the very least by opposition to harmful state policies, can be and have been efficacious in transforming the normative basis of sovereignty. Democratic Sovereignty will be of great interest to students working in the fields of sovereignty, international history, ethics, globalization and international relations.

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

How does one become a member of an elite profession? Managing Elites examines how elites-in-training contest, rationalize and ultimately enthusiastically embrace their dominant positions in society. Using interviews with 79 law and MBA students, the author argues that elite socialization requires both accommodation and resistance to professional ideologies. Students develop a collective cynicism about elements of their education, learning that their discipline imparts esoteric knowledge - but also claiming that they didn't learn anything. They struggle with the idea that fellow students are all equally intelligent and therefore deserving of elite status, and the continuing emphasis on activities that sort students. Students resist that paths to success promoted by school cultures-investment banking, consulting, or becoming partner in a large law firm. Such cynicism is indeed ultimately revealed to be temporary, as most students end up in full support of these "jobs of least resistance". Their critiques do, however, create tensions: between competition and cooperation, between the individual and the collective, and between egalitarianism and elitism. Part of elite socialization is learning to deal with these tensions, or more specifically, to hold contradictory ideals at the same time.