Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
This is the first book to provide an analysis of racism in the Mediterranean region. Ian Law reassesses contemporary processes of racialization, employing theoretical tools including polyracism, racial Arabization and racial Nawarization and drawing on new evidence on racism in North Africa, Lebanon, Cyprus, Greece and the Roma campland in Italy.
‘Self research’ is both a therapeutic and a research endeavour that enables the subject of the research to interpret and validate their own data. In Self Research, Ian Law outlines and draws together the theoretical, institutional and practice elements of this work, and offers illustrative examples of how different elements of the methodology can be applied in practice. He proposes a methodology for the practice of self research that is based on an epistemological approach, thereby closing the interpretative gap between the researcher and the researched. Engaging in therapeutic work with those who experience their sense of self as problematic can be transformative in two key respects: it enables them to produce a sense of self which acknowledges that an understanding of one’s self is discursively produced, and it helps locate that sense of self within its historical, political and social context. By setting out the theoretical underpinnings of the process across a range of different contexts, Law develops a methodology for doing ‘talk therapy’, and researching the self that are one and the same. This methodology allows those who are both the subject and object of their own research to have the authority to determine its meaning, relevance and validity. The book will be essential for advanced students of counselling, along with practicing therapists in psychotherapy across different schools of practice.
Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. Arguing is almost as ubiquitous in international affairs, yet it is not viewed as an important element of world order. In The Power of Deliberation: International Law, Politics and Organizations, Ian Johnstone challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system. Johnstone focuses on legal argumentation and asks why, if the rhetoric of law is inconsequential, governments and other international actors bother engaging in it. Johnstone joins the efforts of international relations scholars and democracy theorists who consider why argumentation occurs beyond nation states. He focuses on deliberation in and around international organizations, drawing on various strands of legal, political and international relations theory to identify common features of legal argumentation and deliberative politics. Johnstone's central claim is that international organizations are places where "interpretive communities" coalesce, and the quality of the deliberations these communities provoke is a measure of the legitimacy of the organization.
The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
A provocative reassessment of the rule of law in world politics Conventionally understood as a set of limits on state behavior, the “rule of law” in world politics is widely assumed to serve as a progressive contribution to a just, stable, and predictable world. In How to Do Things with International Law, Ian Hurd challenges this received wisdom. Bringing the study of law and legality together with power, politics, and legitimation, he illustrates the complex politics of the international rule of law. Hurd draws on a series of timely case studies involving recent legal arguments over war, torture, and drones to demonstrate that international law not only domesticates state power but also serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires. The disputes so common in world politics over what law permits and what it forbids are, therefore, fights over the legitimating effect of legality. A reconsideration of the rule of law in world politics and its relationship to state power, How to Do Things with International Law examines how and why governments use and manipulate international law in foreign policy.
Although arbitration is a way of settling disputes without resorting to expensive litigation, it can frequently be manipulated to maintain inequitable relationships. This study examines American legislation that deals with conflict within arbitration practice.
Drawing on Sir Ian Kennedy's extensive experience in healthcare law, ethics and public policy-making, this book explores vital issues in the law surrounding healthcare and regulation. The book contains a range of published and unpublished essays and speeches with the addition of notes and commentaries by the author that bring the pieces up to the present day. Those who want to understand developments, from transplants to confidentiality, from COVID-19 to public inquiries to regulation will find a rich seam of rigorous, informed analysis. The author's unique range of experience allows him to share insights on a variety of issues; from the conduct of the disgraced breast surgeon, Ian Paterson, to research at Porton Down, to the economics of innovation in drug development at NICE. His abiding interest in the welfare of children informs his trenchant forensic examination of how children fare in the NHS. Those involved in or with an interest in law, moral philosophy, and public policy will find much food for thought.
The author pursues, on historic lines, an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force.
Information technology affects all aspects of modern life. From the information shared on social media such as Facebook, Twitter, and Instagram to online shopping and mobile devices, it is rare that a person is not touched by some form of IT every day. Information Technology Law examines the legal dimensions of these everyday interactions with technology and the impact on privacy and data protection, as well as their relationship to other areas of substantive law, including intellectual property and criminal proceedings. Focusing primarily on developments within the UK and EU, this book provides a broad-ranging introduction and analysis of the increasingly complex relationship between the law and IT. Information Technology Law is essential reading for students of IT law and also appropriate for business and management students, as well as IT and legal professionals. Online resources The accompanying online resources include a catalogue of web links to key readings and updates to the law since publication.
Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.
Since the last edition of the book was published, there have been a number of important developments in the telecommunications industry. Telecommunications Law and Regulation takes these changes into account, including an examination of the EU New Regulatory Framework, as well as the establishment of the Body of European Regulators for Electronic Communications (BEREC). There are also new chapters on spectrum management (radio frequencies), and consumer protection rules. The access and interconnection chapter addresses the issues surrounding the high capacity broadband widely provided by Next Generation Networks.The chapter on licensing and authorisation has been refocused to reflect the increasing regulatory focus on the mobile sector. The chapter on regulating content has also been significantly restructured and revised to reflect the changes in how we consume content. Written by leading experts, it is essential reading for legal practitioners and academics involved in the telecommunications industry.
This book analyzes racism in Communist and post-Communist contexts, examining the 'Red' promise of an end to racism and the racial logics at work in the Soviet Union, Central and Eastern Europe, Cuba and China, placing these in the context of global racialization.
Dubbed by the New York Times as "one of the most sought-after legal academics in the county," William Ian Miller presents the arcane worlds of the Old Norse studies in a way sure to attract the interest of a wide range of readers. Bloodtaking and Peacemaking delves beneath the chaos and brutality of the Norse world to discover a complex interplay of ordering and disordering impulses. Miller's unique and engaging readings of ancient Iceland's sagas and extensive legal code reconstruct and illuminate the society that produced them. People in the saga world negotiated a maze of violent possibility, with strategies that frequently put life and limb in the balance. But there was a paradox in striking the balance—one could not get even without going one better. Miller shows how blood vengeance, law, and peacemaking were inextricably bound together in the feuding process. This book offers fascinating insights into the politics of a stateless society, its methods of social control, and the role that a uniquely sophisticated and self-conscious law played in the construction of Icelandic society. "Illuminating."—Rory McTurk, Times Literary Supplement "An impressive achievement in ethnohistory; it is an amalgam of historical research with legal and anthropological interpretation. What is more, and rarer, is that it is a pleasure to read due to the inclusion of narrative case material from the sagas themselves."—Dan Bauer, Journal of Interdisciplinary History
This updated introductory textbook explores law, compliance and enforcement through chapter-length case studies of the world's most important international organizations.
Race, Law and Society draws together some of the very best writing on race and racism from the law and society tradition, yet it is not intended to merely reprint the greatest hits of the past. Instead, from its introduction to its selection of articles, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important but also tricky area. Race, Law and Society pulls together leading exemplars of the sorts of social science scholarship on race, society and law that will be essential to racial progress as the world begins to travel the twenty-first century.
What place does the right to life have in armed conflicts? And does it lock down military objectives? In the first sustained coverage of the area, Ian Park examines conflicts in Iraq, Afghanistan, Libya, and Syria to explicate how far governments should be entitled to derogations from human rights whilst engaging in combat operations.
In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.
This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands. Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.
This book is novel not only in its theoretical framework, which places racialisation in post-communist societies and their modernist political projects at the centre of processes of global racism, but also in being the first account to examine both these new national contexts and the interconnections between racisms in these four regions of the Baltic states, the Southern Caucasus, Central Asia and Belarus, Moldova and Ukraine, and elsewhere. Assessments of the significance of the contemporary geopolitical contexts of armed conflict, economic transformation and political transition for racial discourse are central themes, and the book highlights the creative, innovative and persistent power of contemporary forms of racial governance which has central significance for understanding contemporary societies. The book will be of interest to scholars and students in the areas of racism and ethnicity studies. "What an important and much-needed addition to the growing, but still grossly insufficient, body of work on Soviet racial thinking and its impact on Soviet and post-Soviet racisms. At the time of renewed racial tensions in the West and the growing racial anxieties underlying a variety of nation-building projects in the former Soviet spaces it is important to understand the often ignored linkages between Communist paternalism and Western views of race and racial difference. Even though its focus remains the former Soviet Union this book contains a valuable analytical toolkit for the scholars of race and racism across political and geographical boundaries." -Maxim Matusevich, Seton Hall University, USA "Post-Soviet Racisms is the first comprehensive comparative study of the politics of race in post-Soviet states. Why do racialising or overtly racist theories at times become central to the construction of post-Soviet identities? How do racisms of the dominant national groups and minorities compare? How does the process of the transnational circulation of racist and racialising discourses work? These are some of the important questions which are addressed in this ground-breaking book that enriches our understanding of the complexity of the current developments in the region." -Vera Tolz, University of Manchester, UK
Racism and Ethnicity: Global Debates, Dilemmas, Directions examines in detail the theories, histories and principal debates of race, racism and ethnicity within a global context. The text offers critical evaluation of the work of major figures from Du Bois to Goldberg, and presents new research on pre-modern racisms, contemporary scientific racisms, racist violence, racism reduction, ethnicity in the UK and European patterns of exclusion and discrimination. Richly illustrated throughout with examples and case studies drawn from across the world and time, the book also offers a range of in-text features to aid study, including: chapter summaries, key concept boxes, chapter activities and further reading. Racism and Ethnicity: Global Debates, Dilemmas, Directions will be core reading for students at all levels across the social sciences and the humanities ranging from history and cultural studies through sociology to political and policy analysis. It will also be of significant interest to researchers and policy makers in a range of fields.
The emergence of an interdisciplinary study of law and literature is one of the most exciting theoretical developments taking place in North America and Britain. In Law and Literature: Possibilities and Perspectives Ian Ward explores the educative ambitions of the law and literature movement, and its already established critical, ethical and political potential. He reveals the law in literature, and the literature of law, in key areas of literature, from Shakespeare to Beatrix Potter to Umberto Eco, and from feminist literature to children's literature to the modern novel, drawing out the interaction between rape law and The Handmaid's Tale, and the psychology of English property law and The Tale of Peter Rabbit. This original book defines the developing state of law and literature studies, and demonstrates how the theory of law and literature can illuminate the literary text.
This book provides the first comprehensive analysis of the emergence, development and implications of the Roma political phenomenon in contemporary Europe. It also challenges the conventional epistemological basis to political claims of distinct Roma people and argues that the contemporary politics of Roma is better understood as the public application of Roma identity. In recent times a new word has entered the political lexicon across Europe and beyond: Roma. Thirty years ago it would have been hard to encounter the public use of the word outside of a small number of academics and activists. In the second decade of the new millennium, Roma has become a dynamic political identity championed by hundreds of organisations, thousands of activists and applied to millions of people across Europe and beyond. Roma has become an agenda item for local and national authorities, as well as being taken up by the European Union and other international organisations. In challenging the conventional epistemology, this book examines the principal interests and processes that are constructing Roma as a public, political identity encompassing highly differentiated groups of people. This book brings together critical race theory and theories of ethnic mobilisation to provide a new critical framework for understanding Roma identity, history and transnational politics. It will be of particular interest to students and academics within the fields of global racialization and ethnicity studies.
Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.
Haney López revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney López considers how his own personal experiences with white racial privilege helped engender White by Law.
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
Bachelor Thesis from the year 2015 in the subject Law - Philosophy, History and Sociology of Law, grade: 1.75, , course: Bachelor of Arts in Philosophy, language: English, abstract: This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power – law is politics. Consequently, CLS maintained that these results to indeterminacy of law. Legal indeterminacy can be summed up as contrary to the common understanding that legal materials, statutes and case law, do not really answer legal disputes. Legal principles and doctrines, as CLS scholars claim, are said to be indeterminate, for it is riddle with gaps, conflicts, and anomalies that are widely present even in simple cases. Legal indeterminacy also rises because of the underlying political power – law is politics – that implicates law as merely a tool for oppression. This thesis shows that CLS assertions with legal indeterminacy is only grounded on ambiguity. On one hand, using the main concept of legal formalist logic and language grounded with sub-arguments: inherent generality of legal language, reasoned elaboration, and neutral principles, it refutes the CLS claims of legal indeterminacy. On the other, the paper maintains that their main reason of legal indeterminacy, ‘law is politics’, is merely a statement of fact that currently happens in society is sentimental and weak through counterexamples.
Studying Law introduces students to the fundamental legal skills that they will need to successfully study the subject, such as case analysis, legislative interpretation, problem solving and essay writing, and to the core Law subjects themselves and the distinctions between them.
This book identifies and engages with an analysis of racism in the Caribbean region, providing an empirically-based theoretical re-framing of both the racialisation of the globe and evaluation of the prospects for anti-racism and the post-racial.
This book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
Legal terminology need not be intimidating or obscure. This is the ideal introduction to the meaning of the core vocabulary which confronts anyone approaching the study of Law for the first time. It includes clear explanations of Latin words and phrases. The 2nd edition has been thoroughly updated and revised throughout.
In the second part of this two-volume study, Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang abolishing the upper house of the State's legislature by entrenching the existence of the upper house through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the State's Premier Sir Thomas Bavin and his former law student, colleague and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court and finally in the Privy Council in the multiple contexts of the personal and policy based disputes which pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdom's Parliament to introduce entrenching legislation which would be upheld by the courts.
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
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