- Typography
- Patterson, Richard North
- General
- Nylund, Eric
- Puns & Wordplay
- Carrier, Roch
- Geometry & Topology
- Felicity
- Networks
- Rosenblum, Mary
- Janowitz, Tama
- Water Sports
- Aging Parents
- Franklin, Cheryl J.
- Oceanography
- Basic English
- Estes, Richard
- Slonczewski, Joan
- Dr. Seuss
- Kornfield, Jack
- Prep School
- Stochastic Modeling
- Halpern, Daniel
- Jewelry
- Homer, Winslow
- Parish, Peggy
- Florida
- Ban Breathnach, Sarah
- General
- Fiction
- Some of our other sites:
- Books
- Clothing, Shoes and Accessories
- Baby Clothes and Accessories
- Cosmetics, Beauty Products and Fragrances
- Cellphones, Call Plans and Accessories
- Video Games
- DVDs
- Electronics, Gadgets and Computers
- Health and Personal Care
- Home and Garden
- Home DIY
- Jewelry
- Magazines and Newspapers
- Music Downloads
- Musical Instruments
- Office Equipment and Supplies
- Software and Games
- Sporting Goods
- Toys and Games
- Watches
- UK Books
- UK Video Games
- UK Home and Garden
- UK Electronics, Gadgets and Computers
- UK Baby Clothes and Accessories
- UK Software and Games
- UK Sporting Goods
- UK Toys and Games
Books : Nonfiction : Law : Perspectives on Law : Comparative
-
Law underlies our society -it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to ensure justice, promote freedom, and protect our security. The result is a system that, while it touches all of our daily lives, is properly understood by only a few, with its impenetrable jargon, obsolete procedures, and interminable stream of Byzantine statutes and judgments of the courts. This clear, jargon-free Very Short Introduction cuts introduces the essentials of law and legal systems in a lively, accessible, and stimulating manner. Explaining the main concepts, terms, and processes of the legal system, it focuses on the Western tradition, but also examines other legal systems, such as customary law and Islamic law. And it looks to the future too, as globalization and rapid advances in technology place increasing strain on our current legal system.
-
This assortment of unintentionally amusing courtroom exchanges ranges from the testimony of expert witnesses to jury selection to cross examination to creative defense, closing argument, and sentencing --a rollicking guide to America's legal system.
-
The revision of this best-selling book presents a comprehensive analysis of how various criminal justice systems throughout the world compare. New co-author Harry Dammer has extensively revised the text to reflect the latest trends and most up-to-date information on such hot topics as international crime control and corrections. By using a topical approach (examining various aspects of each system, such as policing, drugs, sentencing, and juvenile justice) rather than a country- by-country approach, the book gives students a more realistic understanding of the similarities and differences of each system. The authors use six "model" countries (China, England, Germany, Japan, Saudi Arabia, and France) to provide specific examples and explore historical, political, economic, social, and cultural influences on each system.
-
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law.
Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
-
Two sharply contrasting views of China exist today. On the one hand a rising superpower predicted to have the largest economy in the world by mid century, on the other hand a brutal, anachronistic and authoritarian regime, a threat to geo-stability and to the economies of the industrial world. So which China is the real China? Randall Peerenboom addresses this question by exploring China's economy, political and legal system, and most controversially, its record on civil, political and personal rights in the context of the developing world. Avoiding polemic and relying on empirical evidence, he compares China's performance not with first world countries such as the US and UK but with other middle income countries and highlights the often hypocritical stance of an international community which demands standards from others that it does not match at home. He also critically evaluates the benefits of globalisation and democratisation and the normative values of the West set against Beijing's determination to retain its cultural and political integrity.
This book seeks to bridge the gap in understanding about China and to create a firmer foundation for mutual trust, while recognising that there are inevitable risks in a shift in global power of this magnitude that will require hard headed pragmatism at times where interests collide.
-
An introduction to comparative law written from the American lawyer's viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.
-
Unique in its topical approach, this best-selling book examines systems of law, police, courts, and corrections by using more than 30 different countries to show the diversity in legal systems around the world. The book's organization helps readers understand the various ways policing, adjudication, and corrections systems can be organized and operated. This edition features more complete coverage of Islamic legal tradition, information on reform in Japan, more use of primary sources and updated material throughout. Fully updated to include more information on: The Patriot Act; Sunni and Shia Muslims; Substantive and procedural law changes for France, Germany, and Nigeria; Inquisitorial and adversarial systems; Trial under an inquisitorial proces; Juvenile justice system changes in England, Wales and China. Gives greater attention to the Islamic legal tradition and includes detailed descriptions of its key aspects. Reflect up-to-date events in Japanese criminal justice and covers changes that have been officially approved, but are not yet fully implemented. References the actual laws of many countries and provides additional information supplied by that country’s criminal justice agency. Anyone interested in criminal justice across the world.
-
American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism."
Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods.
Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.
-
The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book.
Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines at the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order. The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyze how the puzzles associated with the question of constituent power are played out in these increasingly important settings.
-
This new edition continues to depict the various ways in which Caribbean courts seek to protect the citizen against the abuse of state power through the powerful tool of judicial review. Illustrations are drawn from both constitutional and administrative law. Between these two subject areas, there is illustration of how the courts use their power of judicial review not only to control state legislative authority but also the exercise of discretion by public authorities.
Focusing on the established legal principles through Caribbean cases, critique and commentary are added where appropriate while some suggestions for reform are also discussed.
-
Fully updated and revised to fit in with any new laws and structure in the Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean.
The author explores:
- the offshore legal sector
- international law as a source of law
- alternative dispute mechanisms
- the law and its relation to indigenous peoples of the Commonwealth Caribbean
- the significance of the historical continuum to the jurisprudence of the region.
Effortlessly combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean land law and legal systems for those studying international law.
-
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book.
In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.
Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia.
As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
-
Revised and fully updated, this new edition contains all the latest legislation and issues, presented in an easy-to-read structure and style.
-
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfill the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law.
Institutions of Law is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
-
American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.
-
From credit-card purchases to electronic fingerprints, the amount of personal data available to government and business is growing exponentially. All industrial societies face the problem of how to regulate this vast world of information, but their governments have chosen distinctly different solutions. In Protectors of Privacy, Abraham L. Newman details how and why, in contrast to the United States, the nations of the European Union adopted comprehensive data privacy for both the public and the private sectors, enforceable by independent regulatory agencies known as data privacy authorities. Despite U.S. prominence in data technology, Newman shows, the strict privacy rules of the European Union have been adopted far more broadly across the globe than the self-regulatory approach championed by the United States. This rift has led to a series of trade and security disputes between the United States and the European Union.Based on many interviews with politicians, civil servants, and representatives from business and NGOs, and supplemented with archival sources, statistical analysis, and examples, Protectors of Privacy delineates the two principal types of privacy regimes-comprehensive and limited. The book presents a theory of regulatory development that highlights the role of transgovernmental networks not only in implementing rules but also in actively shaping the political process surrounding policymaking. More broadly, Newman explains how Europe's institutional revolution has created in certain sectors the regulatory capacity that allows it to challenge U.S. dominance in international economic governance.
-
This prize-winning work offers a major new means of conceptualizing law and legal relations across the world. National laws are placed in the broader context of major legal traditions, those of chthonic (or indigenous) law, Talmudic law, civil law, Islamic law, common law, Hindu law, and Asian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change, and its teaching on relations with other traditions and peoples. Legal traditions are explained in terms of multivalent and non-conflictual forms of logic and thought.
This title is suitable for both undergraduates and postgraduates in comparative law courses worldwide. It may also be of interest to those studying legal history, legal philosophy, international development, international human rights, and international business.
Features
Was awarded the Grand Prize of the International Academy of International Law.
Offers comprehensive coverage of all major legal traditions and their contexts.
Incorporates a level of scholarship and analysis that surpasses all other comparative law textbooks.
Adopts a genuinely global perspective, making it an invaluable resource for courses worldwide.
-
This enormously successful dictionary is written in clear, jargon-free language and has proved to be an indispensable reference tool for lawyers, students, and secretaries, as well as non-specialists who need concise information about every aspect of the law. Substantially revised and expanded for this fifth edition, it is an ideal legal guide to the language and concepts of law in the United Kingdom or any Commonwealth country where the legal system is founded on English law.
The dictionary features over 3,650 entries defining and explaining the major terms, concepts, processes, and organization of the law, which have been compiled by practising lawyers and so are authoritative and up-to-date.
Revisions include all legal developments since the publication of the previous edition in 1997, covering new legal terms that have resulted from Lord Woolf's reform of the justice system.
-
We found the truly gifted law professors most law students can only dream about – the professors who draw rave reviews, not only for their scholarship, but for their ability to make the law easy to understand. We asked these select few professors to condense their courses into a single lecture. And it’s these lectures you’ll find in the Law School Legends Series. With Law School Legends, you’ll get a brilliant law professor explaining an entire subject to you in one simple, dynamic lecture. The Law School Legends make even the most difficult concepts crystal clear. You’ll understand the big picture, and how all the concepts fit together. You’ll get hundred of examples and exam tips, honed over decades in the classroom. But best of all, you’ll get insights you can only get from America’s greatest law professors!
-
This Reader offers a remarkable overview of the field of law and anthropology: its development, present, and potential future courses.- Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology.
- Brings together classics of political thought and key contemporary work from social scientists and lawyers.
- Explores historical issues and more contemporary ones such as illegal migration, human rights, gender discrimination, political corruption, and reparations for injustices committed by previous regimes.
- Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology.