First published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.

Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.

Following the introduction of the uniform business rate in 1990, local property taxation changed dramatically, whilst retaining many of its historical and familiar characteristics. Rating Law and Valuation details the existing, non-domestic rating system from the principles of rate liability and the definition of hereditament, the rateable value, to the procedure for compiling and altering the rating lists. The book also discusses how the methods of valuation are used by rating valuers to produce rateable values for the more common property types. The text concludes with a similar treatment of Council Tax which is levied on domestic property. Rating Law and Valuation is written primarily for those studying property valuation as part of their course, and is an indispensible reference book for those taking professional courses of The Royal Institution of Chartered Surveyors (RICS), Incorporated Society of Valuers and Auctioneers (ISVA), and Institute of Revenue and Rating Valuation (IRRV). It is also a useful resource for practitioners who are required to deal with rating law and valuation but who do not do so on a regular basis.

With the profile of environmental issues at an all-time high, this book provides a much needed examination of the related effects of these issues on the property industry. Within the property industry at the moment it is difficult to assume an overview of these issues, and to properly assess the implications of climate change for commercial property. This is the first book that pulls together the different elements of climate change into one coherent argument, explaining what needs to be done to ensure the future of the property market. The main issues discussed are: mitigation, adaptation, energy efficiency and property valuation, in addition to providing informed commentary on the laws and practical guidance to practitioners.

This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.

Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers' practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author's view, the updated interpretative model of dispute resolution studies.

This work offers, firstly, a fresh historical, philosophical and cultural interpretation of the relation between the eighteenth-century discourse of sensibility, the sublime, and the theory and practice of eighteenth-century law. Secondly, the work exposes and explores the influence of this combination of discourses upon the formation of gender identities in this period. The author argues that it is only through a study of the convergence of these key eighteenth-century discourses that changing conceptualisations of femininity can fully be understood. Thirdly, it examines the presence, within eighteenth-century fiction by women, of a new female subject. Novels by women in this period, Chaplin posits, begin to reveal that the female subject position constructed through the discourses of law, sensibility and the sublime gives rise, for women, to a feminine ontological crisis that may be seen to anticipate by two hundred years the trauma of the 'post modern' male subject unable to present a unified subjectivity to himself or to the world. This feminine crisis finds expression within a range of female fiction of the mid-to-late eighteenth century - in Charlotte Lennox's anti-romance satire, Frances Sheridan's 'conduct-book' novels, the Gothic romances of Radcliffe and Eliza Fenwick and the sensationalistic horror fiction of Charlotte Dacre. Concentrating upon these writers, Chaplin argues that their works 'speak of dread' on behalf of women in this period and to varying degrees challenge discourses that construct femininity as a highly unstable, barely tenable subject position. Combining the works of Lyotard and Irigaray to formulate a new feminist reading of the eighteenth-century discourse of the sublime, this study offers fresh insights into the culture and politics of the eighteenth century. It presents highly original readings of well-known and lesser-known literary texts that interrogate from fresh perspectives the complex theoretical issues pertaining to

With this original study, Melissa Mowry makes a strong contribution to a provocative interdisciplinary conversation about an important and influential sub genre: seventeenth-century political pornography. This book further advances our understanding of pornography's importance in seventeenth-century England by extending its investigation beyond the realm of cultural rhetoric into the realm of cultural practice. In addition to the satires which previous scholars have discussed in this context, Mowry brings to light hitherto unexamined pornographies as well as archival texts that reveal the ways in which the satires helped shape the social policies endured by prostitutes and bawds. Her study includes substantial archival evidence of prostitution from the Middlesex Sessions and the Bridewell Courtbooks. Mowry argues that Stuart partisans cultivated representations of bawds and prostitutes because polemicists saw the public sale of sex as republicanism's ideological apotheosis. Sex work, partisans repeatedly asserted, inherently disrupted ancestral systems of property transfer and distribution in favour of personal ownership, while the republican belief that all men owned the labour of their body achieved a nightmarish incarnation in the prostitute's understanding that the sexual favours she performed were labour. The prostitute's body thus emerged in the loyalist imagination as the epitome of the democratic body politic. Carefully grounded in original research, The Bawdy Politic in Stuart England, 1660-1714 is a cultural study with broad implications for the way we understand the historical constructions and legal deployments of women's sexuality.

Arguing that the female criminal subject was central to the rise of the British novel, Kirsten T. Saxton provides fresh and convincing insights into the deeply complex ways in which categories of criminality, gender, and fiction intersected in the long eighteenth century. She offers the figure of the murderess as evidence of the constitutive relationship between eighteenth-century legal and fictional texts, comparing non-fiction representations of homicidal women in biographies of Newgate Ordinaries and in trial reports with those in the early novels of Aphra Behn, Delariviere Manley, Daniel Defoe, and Henry Fielding. As Saxton demonstrates that legal narratives informed the budding genre of the novel and fictional texts shaped the development of legal narratives, her study of deadly plots becomes a feminist intervention in scholarship on the literature of crime that simultaneously insists on the centrality of crime literature in feminist histories of the novel. Her epilogue shows that more than two centuries later, we still contend with displays of female violence that defy and define our notions of textual and sexual license and continue to shape legal and literary mandates, even as the lines between the real and the fictive remain blurred.

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan's contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan's contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan's ideas and work, or who have yet to do so.

Paul Maharg presents a critical inquiry into the identity and possibilities of legal education, and an exploration of transformational alternatives to our current theories and practices of teaching and learning the law. His work takes the view that bodies of interdisciplinary theory and knowledge of the history of legal education are important to all stages of legal education. He also argues that new learning designs - such as transactional learning - need to be developed to help students, educators and lawyers deal with the transitions and challenges facing them now and in the foreseeable future. Throughout, discussions of theory are spliced with case studies of academic and professional legal learning, particularly in the field of technology-enhanced learning. The content of the book will be updated in a community of practice wiki at http://www.transforming.org.uk, which will also allow readers to comment and expand on the book's final chapter.

From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research (legal dogmatics), can and should contribute to the law's coherence. Part III explores the role of constitutional law in managing the tension between law's voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author's previous work, Critical Legal Positivism (Ashgate 2002).

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.

First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

This is a study of the history and function of the highest ecclesiastical tribunal, the Sacra Romana Rota, from the twelfth to the sixteenth centuries. Despite its importance for Christendom and in contrast with other important papal offices, the activity of the Rota has never been thoroughly investigated on the basis of archival sources, in large part due to the vast source material and the perceived "difficulty" of the subject. This book fills this significant gap by explaining how the Rota functioned-its organization, the phases of a Rota process, everyday practices at the tribunal-and the kinds of issues it handled, where the processes originated from and how long they lasted. The study demonstrates that the Rota dealt with a range of cases much broader than has previously been acknowledged, whilst also confirming that the tribunal mainly oversaw litigation over benefices. The results of this research reveal the true role of the Rota and its significance for Christians from the middle ages to the dawn of the Reformation.

The Residential Leaseholders' Handbook explains in plain language everything leaseholders and their advisers need to know in relation to long residential leases. Among the common problems it tackles are absent landlords; spiralling service charges; the right to be consulted on significant or long term service charge items; how to challenge excessive charges; how to gain control from difficult or exploitive landlords and how to set up a management company. The book begins with the legal framework of a typical ground lease and its main provisions including: responsibility for repairs, insurance and management of a building, the meaning of the covenant for "quiet enjoyment" and the termination of a lease due to overdue rent. The author explains what lenders look for in a residential lease; how leaseholders can insist that their lease is amended to meet lenders' requirements and the issues relating to assignment, subletting and alteration of leasehold premises. Extensive use of real life scenarios, landmark cases and some fictitious case studies illustrate how leasehold law works in practice and enables readers to effectively assess their position. Written in non-technical language this book is a reliable source for leasehold management companies, managing agents, legal advisers, students and residential leaseholders.

Although it has a rich historiography, and from the late ninth century is rich in textual evidence, northern Iberia has barely featured in the great debates of early medieval European history of recent generations. Lying beyond the Frankish world, in a peninsula more than half controlled by Muslims, Spanish and Portuguese experience has seemed irrelevant to the Carolingian Empire and the political fragmentation (or realignment) that followed it. But Spain and Portugal shared the late Roman heritage which influenced much of western Europe in the early middle ages and by the tenth century records and practice in the Christian north still shared features with parts farther east. What is interesting, in the wider European context, is that some of the so-called characteristics of the Carolingian world - the public court, collective judgment - are as characteristic of the Iberian world. The suggestion that they disappeared in the Frankish world, to be replaced by 'private' mechanisms, has played a major role in debates about the changing nature of power in the central middle ages: what happened in judicial courts has been central to the grand narratives of Duby and successive historians, for they are a powerful lens into the very real issues of politics and power. Looking at the practice of judicial courts in Europe west of Frankia allows us to think again about the nature of the public; identifying all the records of that practice allows us to adjust the balance between monastic and lay activity. What these show is that peasants, like other lay people, used the courts to seek redress and gain advantages. Records were not entirely framed nor practice entirely dominated by ecclesiastical interests.

The easy way to make sense of property law

Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. "Property Law For Dummies" tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests--particularly "real property."

In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations.Tracks to a typical property law coursePlain-English explanations make it easier to grasp property law conceptsServes as excellent supplemental reading for anyone preparing for their state's Bar Exam

The information in "Property Law For Dummies" benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.

The editor of this new Routledge collection reminds us that 'property is one of the most unassailable concepts of modern Western legal systems'. The need for individuals and companies to be able to control and manipulate property-including, among other things, rights in land, objects, patents, and copyrights-is foundational not only to modern economies, but also to our very identities, our liberties, and our relationships. Indeed, the secure creation and protection of property is regarded as a fundamental part of most civilized legal systems and it is even regarded by many as a necessary and pre-legal facet of human society itself. But the existence and concept of private property has always been subject to critique, from the Diggers to Marx and anarchist movements, to conscientious objectors to intellectual property, modern land reformers, and campaigners for decolonization. The nature, justification, distribution, forms, and meanings of property continue to be hugely controversial, particularly in a context of diminishing resources, environmental stress, and an expanding class of owners across the world. Recent academic theory emphasizes alternatives to mainstream property thinking, as well as a renewed interest in the commons as an alternative-in some spheres-to endless private commodification. Property meets the need for an authoritative reference work to help researchers and students navigate and make sense of a huge-and growing-scholarly literature. The collection is made up of four volumes which bring together the best and most influential canonical and trailblazing research. Fully indexed and with a comprehensive introduction newly written by the editor, which places the collected material in its historical and intellectual context, Property is an essential reference work, destined to be valued by scholars and students as a vital research resource.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.