Toward a New Legal Common Sense

Law, Globalization, and Emancipation

Author: Boaventura de Sousa Santos

Publisher: Cambridge University Press

ISBN: 9780406949974

Category: Law

Page: 565

View: 7142

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The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Legal Pluralism in Indonesia

Bridging the Unbridgeable

Author: Ratno Lukito

Publisher: Routledge

ISBN: 0415673429

Category: Law

Page: 271

View: 715

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With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

Health Law and the European Union

Author: Tamara K. Hervey,Jean V. McHale

Publisher: Cambridge University Press

ISBN: 9781139455350

Category: Law

Page: N.A

View: 390

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How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

Cases and Materials on the English Legal System

Author: Michael Zander

Publisher: Cambridge University Press

ISBN: 1139463349

Category: Law

Page: N.A

View: 381

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This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

Atiyah's Accidents, Compensation and the Law

Author: Peter Cane

Publisher: Cambridge University Press

ISBN: 1139457489

Category: Law

Page: N.A

View: 4490

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Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Families and the European Union

Law, Politics and Pluralism

Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 6806

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In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

Human Rights, Southern Voices

Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra Baxi

Author: William Twining

Publisher: Cambridge University Press

ISBN: 0521113210

Category: Law

Page: 238

View: 7274

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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

British Government and the Constitution

Text and Materials

Author: Colin Turpin,Adam Tomkins

Publisher: Cambridge University Press

ISBN: 1139503863

Category: Law

Page: N.A

View: 4240

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Like the immensely successful previous edition of this highly respected work, this new edition has been jointly prepared and thorough updated by Colin Turpin and Adam Tomkins. It takes fully into account constitutional developments under the coalition government and examines the most recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. While it includes extensive material and commentary on contemporary constitutional practice, the book covers the historical traditions and the continuity of the British constitution as well as the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its ongoing development.

Lawyering Skills and the Legal Process

Author: Caroline Maughan,Julian Webb

Publisher: Cambridge University Press

ISBN: 9780521619509

Category: Law

Page: 443

View: 370

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Bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university.

Diversity and Tolerance in Socio-Legal Contexts

Explorations in the Semiotics of Law

Author: Ms Anne Wagner,Professor Vijay K Bhatia

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496570

Category: Law

Page: 268

View: 5856

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Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.

Property Law

Commentary and Materials

Author: Alison Clarke,Paul Kohler

Publisher: Cambridge University Press

ISBN: 9781139447171

Category: Law

Page: N.A

View: 4313

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An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.

English Legal System in Context

Author: Fiona Cownie,Anthony Bradney,Mandy Burton

Publisher: Oxford University Press, USA

ISBN: 9780199289882

Category: Law

Page: 371

View: 3807

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English Legal System in Context provides a critical overview of the legal system. It establishes a sound theoretical framework within which to analyse the system and its various intricacies, encouraging students to develop a critical approach to the study of this important topic. The authors provide an insightful contextual analysis of the system and its main protagonists: as well as the traditional core areas of the English legal system such as the courts, case law, legal professionals, and the civil and criminal proceedings, the text discusses the police and their powers,the role of the CPS, private policing, the work of non-police agencies. This edition also contains a new chapter on alternative dispute resolution, designed to broaden the reader's appreciation of this central issue, plus new material on the role of law schools and law students. With a clear, logical structure, and a wealth of references to take the reader further into the subject, this is a perceptive and wide-ranging study that explains and illuminates this fascinating topic.

Law and Anthropology

Current Legal Issues

Author: Michael Freeman,David Napier

Publisher: Oxford University Press

ISBN: 019958091X

Category: Law

Page: 569

View: 6749

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Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.

Intimations of Global Law

Author: Neil Walker

Publisher: Cambridge University Press

ISBN: 1316195708

Category: Law

Page: N.A

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A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

Globalisation and Legal Theory

Author: William Twining

Publisher: Cambridge University Press

ISBN: 9780521605946

Category: Law

Page: 296

View: 9685

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The text makes the case for a revival of general jurisprudence in response to globalisation.

Spatializing Law

An Anthropological Geography of Law in Society

Author: Franz von Benda-Beckmann,Keebet von Benda-Beckmann

Publisher: Routledge

ISBN: 1317051467

Category: Law

Page: 240

View: 5127

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Spatializing Law: An Anthropological Geography of Law in Society focuses on law and its location, exploring how spaces are constructed on the terrestrial and marine surface of the earth with legal means in a rich variety of socio-political, legal and ecological settings. The contributors explore the interrelations between social spaces and physical space, highlighting the ways in which legal rules may localise people's rights and obligations in social space that may be mapped onto physical space. This volume also demonstrates how different notions of space and place become resources that can be mobilised in social, political and economic interaction, paying specific attention to the contradictory ways in which space may be configured and involved in social interaction under conditions of plural legal orders. Spatializing Law makes a significant contribution to the anthropological geography of law and will be useful to scholars across a broad array of disciplines.

Transforming International Criminal Justice

Author: Mark J. Findlay,Ralph Henham

Publisher: Routledge

ISBN: 1317436687

Category: Social Science

Page: 464

View: 7392

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This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

Books in Print

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 4671

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Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.