In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the 'torture memos' in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia's chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.

Violence and community were intimately linked in the ancient world. While various aspects of violence have been long studied on their own (warfare, revolution, murder, theft, piracy), there has been little effort so far to study violence as a unified field and explore its role in community formation. This volume aims to construct such an agenda by exploring the historiography of the study of violence in antiquity, and highlighting a number of important paradoxes of ancient violence. It explores the forceful nexus between wealth, power and the passions by focusing on three major aspects that link violence and community: the attempts of communities to regulate and canalise violence through law, the constitutive role of violence in communal identities, and the ways in which communities dealt with violence in regards to private and public space, landscapes and territories. The contributions to this volume range widely in both time and space: temporally, they cover the full span from the archaic to the Roman imperial period, while spatially they extend from Athens and Sparta through Crete, Arcadia and Macedonia to Egypt and Israel.

This collection brings together legal scholars, canonists and political scientists to focus on the issue of public funding in support of religious activities and institutions in Europe. The study begins by revolving around the various mechanisms put in place by the domestic legal systems, as well as those resulting from the European law of human rights and the law of the European Union. It then goes on to look at state support and particular religious groups. The presentation of European and national law is supplemented by theoretical and interdisciplinary contributions, with the main focus being to bring into discussion and map the relationship between the funding of religions and the economy and to infer from it an attempt at a systematic examination or theorization of such funding. This collection is essential reading for those studying Law and Religion, with particular focus on the countries of the UK, France, Belgium, Germany, Italy, The Netherlands, Spain and Turkey. The views expressed during the execution of the RELIGARE project, in whatever form and or by whatever medium, are the sole responsibility of the authors. The European Union is not liable for any use that may be made of the information contained therein.

Nominated for the Heritage Toronto Book Award * Longlisted for the Toronto Book Awards * A Globe and Mail Book of the Year * A CBC Books Best Canadian Nonfiction of 2021 From plantation rebellion to prison labour's super-exploitation, Walcott examines the relationship between policing and property. That a man can lose his life for passing a fake $20 bill when we know our economies are flush with fake money says something damning about the way we've organized society. Yet the intensity of the calls to abolish the police after George Floyd's death surprised almost everyone. What, exactly, does abolition mean? How did we get here? And what does property have to do with it? In On Property, Rinaldo Walcott explores the long shadow cast by slavery's afterlife and shows how present-day abolitionists continue the work of their forebears in service of an imaginative, creative philosophy that ensures freedom and equality for all. Thoughtful, wide-ranging, compassionate, and profound, On Property makes an urgent plea for a new ethics of care.

Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.

This title was first published in 2003. Bringing together the two fields of land reform and law, this volume examines the role the law and lawyers can, should, and do play in developing countries in the evolution of land policies, in land tenure reform, and in the reform of land use and urban planning. Providing both a theoretical and practical perspective it discusses the role of law in both urban land reform, concentrating on reforms in land use and town and country planning law and general national land reform, looking at specific case studies and at more general themes. It provides a coherent set of ideas and philosophies about land reform through the medium of law, which have been developed through reflection and action over a considerable period of time.

The 2008 outcry over the "global land grab" made headlines around the world, leading to a sustained interest in the dynamics and fate of customary land among both academics and development practitioners. In Power/Knowledge/Land, author Laura German profiles the consolidation of a global knowledge regime surrounding land and its governance within international development circles in the decade following this outcry, and the growing enrollment of previously antagonistic actors within it. Drawing theoretical insights on the inseparability of power and knowledge, German reveals the dynamics of knowledge practices that have enabled the longstanding project of commodifying customary land - and the more contemporary interests in acquiring and financializing it - to be advanced and legitimated by capturing the energies of socially progressive forces. By bringing theories of change from the emergent land governance orthodoxy into dialogue with the ethnographic evidence from across the African continent and beyond, concepts masquerading as universal and self-evident truths are provincialized, and their role in commodifying customary land and entrenching colonial futurities put on display. In doing so, the volume brings wider academic debates surrounding productive forms of power into the heart of the land grab debate, while enhancing their accessibility to a wider audience. Power/Knowledge/Land takes current scholarly debates surrounding land grabs beyond their theoretical moorings in critical agrarian studies, political economy and globalization into contemporary debates surrounding the politics of knowledge--from theories of coloniality to ontological anthropology, thereby enabling new dynamics of the phenomenon to be revealed. The book deploys a pioneering epistemology integrating deconstructionist approaches (to reveal the tactics, truth claims and ontological assumptions of global knowledge brokers), with systematic qualitative reviews and comparative study (to contrast these dominant constructs with the evidence and reveal alternative ways of knowing "land" and practicing "security" from the ethnographic literature). This helps to reveal the Western and modernist biases in the narratives that have been advanced about women, custom, and security, revealing how the coloniality of knowledge works to grease the wheels of land takings by advancing highly provincialized constructs aligned with western interests as universal truths.

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England's adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.

Negotiating religious diversity, as well as negotiating different forms and degrees of commitment to religious belief and identity, constitutes a major challenge for all societies. Recent developments such as the 'de-secularisation' of the world, the transformation and globalisation of religion and the attacks of September 11 have made religious claims and religious actors much more visible in the public sphere. This volume provides multiple perspectives on the processes through which religious communities create or defend their place in a given society, both in history and in our world today. Offering a critical, cross-disciplinary investigation into processes of negotiating religion and religious diversity, the contributors present new insights on the meaning and substance of negotiation itself. This volume draws on diverse historical, sociological, geographic, legal and political theoretical approaches to take a close look at the religious and political agents involved in such processes as well as the political, social and cultural context in which they take place. Its focus on the European experiences that have shaped not only the history of 'negotiating religion' in this region but also around the world, provides new perspectives for critical inquiries into the way in which contemporary societies engage with religion. This study will be of interest to academics, lawyers and scholars in law and religion, sociology, politics and religious history.

International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.

The role of the third surveyor often lacks clarity even sometimes to those in the industry. This book aims to clear any misconceptions about the responsibilities of the third surveyor and outlines the steps taken in choosing a professional for this role, as well as discussing who may carry it out.

Key provisions of the Land Registration Act 2002 provide the legal framework for electronic conveyancing. This book will explain the legislative framework and the current proposals - including the key issues of security and authorisation - and will highlight the points that need to be addressed by practitioners in order to qualify for access to the new system. Electronic conveyancing will not be with us until 2006 and this book will take a thematic approach, highlighting the main practical issues arising from the new law and providing precedents and checklists to help busy conveyancers to manage the risks. This book will seek to highlight - and to give practical advice on - the day to day requirements of the new regime, and to promote sensible and cost-effective management of the risks.

This book surveys secondary literature on the biggest questions that have animated the field of Islamic law since its beginnings. It offers scholars and graduate students a comprehensive and authoritative state-of-the-art review of research in a particular area.

This title was first published in 2001. In the tight frame of its first twenty years, Massachusetts Bay dramatically altered its constitutional order from a theocracy to an oligarchy, led by magistrates who created their own authority and defined the limits on their almost unlimited power. Debating-and Creating-Authority examines this shift in constitutional order at various levels and looks in particular at the efforts to create the theocracy and its subsequent collapse in terms of a fundamental democratical flaw at the centre of the theocratic ideal.

A treasury of law relating to many different types of property in the South Pacific region: an area of cultural diversity, economic development and strong tradition. While land remains of key significance, other forms of property, ranging from custom property to intellectual property, are also important. Encompassing the legal systems of over a dozen independent countries - together with cross-references to property law derived from the common law and customary law of Australia, New Zealand and North America, as well as the common law of England - the authors bring together a wealth of diverse and scattered sources. They present a picture of the law of property as it exists today and offer some thoughts on the challenges and legal difficulties facing the region as its people and economies evolve.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination of private law.

This book will be essential reading for anyone involved in the management of blocks of flats, or considering acquiring the management of their block. Written by a lawyer well versed in leasehold law, the book's aim is to give a practical guide to a wide variety of management issues, concentrating especially on the pitfalls presented by the Commonhold and Leasehold Reform Act 2002 and how they may be avoided or overcome.

A unique, practical guide to watercourse law

This comprehensive guide offers complete, readable explanations of the legal issues and evidence procedures related to the location of the property boundaries of lands adjacent to watercourses.

Beginning with a clear examination of the basics of land title and the legal principles defining property boundary movement, it discusses property boundary determination for a broad range of different watercourse environments–including open ocean coast, estuarine areas, tidal rivers, non-tidal rivers and navigable streams, and navigable lakes. This book will equip readers with:

• A basic understanding of the land title and boundary system
• A framework for analyzing disputes about the boundary of property adjacent to a waterbody tailored to the specifics of each type of physical regime
• Insight to recognize when expert consultation is required to resolve a dispute and how to make the consultation useful and productive
• Case studies illustrating the actual application of the laws discussed

Because of its extensive information and easy-to-use format, Water Boundaries is the ideal resource for surveyors and lawyers confronted with riparian or littoral property boundary issues.

Globalising British Policing demonstrates how the policing system in place in Britain today has emerged from an historical overlap of two broad policing models: a civil (English) and a semi-military (colonial) tradition. Until relatively recently colonial policing received considerably less scholarly attention than the policing of mainland Britain. This volume comprises four sections: section I considers works on British colonial policing up until the Second World War; section II moves to post-war colonial policing through the era of decolonisation; section III looks more closely at the policing of Northern Ireland, and, section IV shows how the meshing of these policing systems are currently contributing to the globalisation of British policing today.

This book is a thorough introduction to the film of Tomas Gutierrez Alea, Cuba's leading filmmaker. It covers all of Alea's 12 feature films, examining in depth his three best films within the context of revolutionary Cuba.

First published in 1998, this text is the prefatory first part of Austin's Lectures on Jurisprudence or the Philosophy of Positive Laws and first appeared separately from the Lectures in 1832. This volume reproduces the standard text of The Province from Robert Campbell's fifth edition, published in 1885, and clarifies the structure and readability of the text, retaining Austin's 'Analysis' as a whole at the start of the book. John Austin (1790-1859) was the first professor of jurisprudence at the University of London, which is now University College. His classic, The Province of Jurisprudence Determined, was derived from his course lectures. Austin took great pride in his ability to clearly delineate the study of law. Austin took a surgical approach and created a stripped down view of material central to the study of law. While this approach overlooks the ambiguity inherent in interpretations of law, it nevertheless stands as a landmark work and provides an excellent starting point for any deeper inquiry into the subject of jurisprudence.

On 11 November 2001,the People's Republic of China officially became a member of the World Trade Organisation. During the preceding two decades China emerged as a major trading and maritime nation, has adopted more than twenty maritime related laws and has ratified most of the important international maritime conventions. Maritime Law and Policy in China contains new translations of all the major maritime laws of the People's Republic of China together with detailed explanations of the rationale behind the legislation. A comprehensive examination of the Maritime Code 1992 is included as is a new translation of the Maritime Procedure Law of the People's Republic of China 1999, which lays down the jurisdiction of the maritime courts in China and provides for matters such as arrest of ships, orders for security and maritime injunctions. China's ratification of the international maritime conventions is also examined in detail. This title will be an indispensable reference work for maritime lawyers, marine insurers, P I Clubs, shipping companies and all trading companies conducting business with China.

This book brings together a team of leading authorities on land law to analyse the key debates and policy issues in this area of the law, with the main chapters addressing proprietary and non-proprietary rights, registration, easements, leases, co-ownership and trusts, mortgages and land law and human rights. Many of the policies and assumptions which underlie land law have immense significance in economic, social and emotional terms upon individuals lives. This book set out to analyse the current tensions within land law, such as the conflicting needs for certainty and fairness, and the difficult balance which has to be drawn between protecting existing property rights and simplifying conveyancing to ensure the easy transfer of land. Particular attention is paid to the likely impact of the Human Rights Act. Land Law: issues, debates, policy will be essential reading for students, practitioners and others seeking an understanding of the key issues and debates surrounding this area of the law.

This title was first published in 2002: Becoming Delinquent: British and European Youth, 1650-1950 provides a critical synthesis of the growing body of work on the history of British and European juvenile delinquency. It is unique in that it analyzes definitions of and responses to, disorderly youth across time (from the mid-seventeenth to the mid-twentieth centuries) and across space (covering developments across Western Europe). This comparative approach allows it to show how certain themes dominated European discourses of delinquency across this period, not least panics about urban culture, poor parenting, dangerous pleasures, family breakdown, national fitness and future social stability. It also shows how these various threats were countered by recurring strategies, most notably by repeated attempts to deter delinquency, to divide responsibility between the state, civil society and the family, and to find a "proper" balance between moral reform and physical punishment, between care and control.