The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that t
Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories. Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.
Originally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject.
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
This book is a study of Blaise Pascal's defence of Christian belief in the Pensées. Michael Moriarty aims to expound—and in places to criticize—what he argues is a coherent and original apologetic strategy. Setting out the basic philosophical and theological presuppositions of Pascal's project, the present volume draws the distinction between convictions attained by reason and those inspired by God-given faith. It also presents Pascal's view of the contradictions within human nature, between the 'wretchedness' (our inability to live the life of reason, to attain secure and durable happiness) and the 'greatness' (the power of thought, manifested in the very awareness of our wretchedness). His mind-body dualism and his mechanistic conception of non-human animals are discussed. Pascal invokes the biblical story of the Fall and the doctrine of original sin as the only credible explanation of these contradictions. His analysis of human occupations as powered by the twin desire to escape from painful thoughts and to gratify one's vanity is subjected to critical examination, as is his conception of the self and self-love. Pascal argues that just as Christianity propounds the only explanation for the human condition, so it offers the only kind of happiness that would satisfy our deepest longings. He thus reasons that we have an interest in investigating its truth-claims as rooted in the Bible and in history. The closing chapters of this book discuss Pascal's view of Christian morality and the famous 'wager' argument for opting in favour of Christian belief.
This investigation not only revises what historians have long thought of the attitude of barristers toward the French Revolution, but also offers insights into the corporate character of Old Regime society and how the Revolution affected it. Fitzsimmons's study suggests that many propertied commoners during the Revolution were not politically engaged, that they were not necessarily associated with a party or cause simply because of their place within a set of social relationships.
′Cavadino and Dignan′s Penal Systems: A Comparative Approach looks across national boundaries to see how penal systems differ and why. It is hands-down the most comprehensive and up-to-date book on the subject and should become a staple textbook for use in law and social science courses on comparative penal policy and practice′ - Michael H. Tonry, University of Minnesota ′This book is an important addition to the literature on punishment. It is a highly readable and very well researched overview of some of the major differences in punitiveness between neo-liberal, corporatist and social democratic countries... This is a major contribution to comparative penology by two of the leading authors in this field′ - Alison Liebling, Director of the Prisons Research Centre, UK ′A major and seminal work′ - David Downes, Professor Emeritus at the London School of Economics Penal Systems: A Comparative Approach is a comprehensive and original introduction to the comparative study of punishment. Analysing twelve countries, Cavadino and Dignan offer an integrated and theoretically rigorous approach to comparative penology. They draw upon material provided by a team of eminent penologists to produce an important and highly readable contribution to scholarship in this area. Early chapters introduce the reader to comparative penology, set out the theoretical framework and consider whether there is currently a ′global penal crisis′. Each country is then discussed in turn. Chapters on comparative youth justice and the privatization of prisons follow. Comparisons between countries are drawn within each chapter, giving the reader a synoptic and truly comparative vision of penality in different jurisdictions.
The Mediterranean was one of Napoleon's greatest spheres of influence. With territory in Spain, Italy and, of course, France, Napoleon's regime dominated the Great Sea for much of the early nineteenth century. The 'Napoleonic Mediterranean' was composed of almost the entirety of the western, European lands bordering its northern shores, however tenuously many of those shores were held. The disastrous attempt to conquer Egypt in 1798-99, and the rapid loss of Malta to the British, sealed its eastward and southern limits. None of Napoleon's Mediterranean possessions were easily held; they were volatile societies which showed determined resistance to the new state forged by the French Revolution. In this book, acclaimed historian and biographer of Napoleon, Michael Broers looks at the similarities and differences between Napoleon's Mediterranean imperial possessions. He considers the process of political, military and legal administration as well as the challenges faced by Napoleon's Prefects in overcoming hostility in the local population. With chapters covering a range of imperial territories, this book is a unique and valuable addition to the historical literature on Napoleonic Europe and the process and practice of imperialism.
The Shipping Law Handbook brings together all essential source material for anyone involved in shipping disputes. This book provides a comprehensive collection of international conventions, statutes and statutory instruments, arbitration rules and the most commonly encountered bills of lading, charterparties, insuranceclauses, guarantees and other contracts. The Handbook is a highly practical and essential work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, ship owners, ship managers, agents and brokers. Anyone involved in shipping will wish to keep this reference conveniently to hand.
Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward. This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings. Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.
This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.
This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.
1967. The Cold War drags on. A hot war becomes even hotter, trusting it to the patriotism of American youth. But Harrison Hamblin answers a different call. To honor his ideals, he joins the Peace Corps as a teacher. He’s the one who thinks that he knows a lot but will learn that he knows very little. The third world is choosing sides and angling for aid. Countries will play both sides and manipulate the idealists. And local internecine warfare will carry on as proxies for the Cold War antagonists. So how could Harry’s efforts for peace and reconciliation lead to the death of friends and to tragedy and despair? “When a young Peace Corps volunteer is recruited for a second job, we are thrust into a new heart of darkness and light. A rich, thrilling LeCarre-esque journey into the tribal and geopolitical wars of 1960s Africa” (Kenneth W. Davis, professor emeritus of English, Indiana University).
Also available as an e-book In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.
Perhaps Harrison Hamblin should have known when that body hit the Land Rover’s hood. With a huge, unexpected thump. As it slid hesitantly off the hood, next hitting the road’s feeble rock barrier, and tumbling into the ravine. Maybe he should have known what his colleague, the Navajo genius Michael ThreeHats, explained. “As my brothers the Apache's would have done. A warning. Turn around, leave our land, or meet our challenges.” Harry was naively eager to meet this latest test. So he has accepted the challenge of carrying unknown, probably contraband freight to his old stamping ground, Dar es Sabir (Door of patience). And putting up with the irritable band of Tuaregs who seem be trailing him constantly. And other tests and challenges: Encountering excitable Tuaregs, odd, half-starved pygmies, Jean d'Argent his former manservant, now a successful entrepreneur, a past love and old friends and acquaintances in Dar es Sabir, now a newly declared city-state renamed the Republic of Independent People. The RIP is the fabrication of Wahid, the former revolutionary who conquered Sabir on the third try. And Harry even admired him as a kind of Robin Hood before this revolution. But things had changed. Wahid had become tyrannical, potential foes were “counting dunes,” (a euphemism for summary execution), and his father's rumored lost treasure was foremost on his mind. Driving all his decisions. Bad ones. Harry has acquired the name, passport and identity of a German arms dealer who was coincidentally his bunk-mate as he sailed to Algeria. We also soon learn that Wahid is a practicing pedophile, that the reputedly honest judge has compromised his own integrity, and that the beautiful Amina (protagonist for three years in Harry's dreams), has married Wahid but has failed to bear him children. In the background lurks Alain, evil twin to Antoine, the former police chief.
The author traces the emergence in the late 1970s and early 1980s of the belief that personal computers should be easy to use. He asks readers to consider the consequences of a computational culture grounded in the assumption that the average person does not need to know much, if anything, about the internal operations of the computers we have come to depend on"--
When writer Hammond Sinclair arrives in Geneva to follow the World Climate Conference at first hand, he is not only interested in the global warming controversy. He suspects that a former student of his, now a right-wing extremist, is plotting a spectacular terrorist attack to disrupt the summit. In a city overrun by rival mobs of violent demonstrators from all over Europe, he meets a young anarchist girl, and in order to impress her takes part in a public debate. It plunges him into the maelstrom of an ideological conflict with high stakes, where opposing sides have their own visions of apocalypse, and are prepared to do anything to save humanity from the catastrophe they foresee. Chief Commissaire Vauthey of the Geneva Police has his own problems with a new female Police Chief who is trying to oust him. When a body is discovered buried in the snow on an alpine pass, the rival factions in the police pursue radically different trails. But even the help of a woman inspector from Scotland Yards Special Branch may not be enough to allow Vauthey to uncover the terrorist plot before the fanatical believers in apocalypse try to trigger their own Armageddon. A cliff-hanging thriller with an intellectual theme and a plot right out of todays headlines, this novel explores the ways in which visions of planetary doom may push activists to extreme violence, in a desperate attempt to change the fate of mankind. www.michael-antony.com
From Perry Mason and The Defenders in the 1960s to L.A. Law in the 80s, The Practice and Ally McBeal in the 90s, to Boston Legal, Shark and Law & Order today, the television industry has generated an endless stream of dramatic series involving law and lawyers. This new guide examines television series from the past and present, domestic and foreign, that are devoted to the law.
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
The world’s first independent black republic, Haiti was forged in the fire of history’s only successful slave revolution. Yet more than two hundred years later, the full promise of that revolution – a free country and a free people – remains unfulfilled. Home for more than a decade to one of the world’s largest UN peacekeeping forces, Haiti's tumultuous political culture – buffeted by coups and armed political partisans – combined with economic inequality and environmental degradation to create immense difficulties even before the devastating 2010 earthquake killed tens of thousands of people. This grim tale, however, is not the whole story. In this moving and detailed history, Michael Deibert, who has spent two decades reporting on Haiti, chronicles the heroic struggles of Haitians to build their longed-for country in the face of overwhelming odds. Based on hundreds of interviews with Haitian political leaders, international diplomats, peasant advocates and gang leaders, as well as ordinary Haitians, Deibert’s book provides a vivid, complex and challenging analysis of Haiti’s recent history.
It is generally accepted that a single act, even a very ordinary event can change an individual’s life for ever. Certainly, young Johnny Locksley finds this to be true. For him the catalyst proves to be none other than the Helianthus annus, the golden Sunflower. His search to find advice on how to purchase and cultivate the plant goes awry when he encounters a rival beauty and a temptation that he is powerless to resist. He finds himself led not into a garden but into a web of love, loss and a dangerous adventure played out beneath a Southern sun.
Robert Boyle (1627-1691) was one of the most influential scientific and theological thinkers of his time. This is the first edition of his correspondence, transcribed from the original manuscripts. It is fully annotated, with an introduction and general index. Volume 6 covers the period of 1684–91.
Fallen Nature, Fallen Selves is an investigation of psychological and ethical thought in seventeenth-century France, emphasizing both continuities and discontinuities with ancient and medieval thought. Michael Moriarty's examination discusses most of the period's major authors, some well-known, others less so: the abstract and general analyses of philosophers and theologians (Descartes, Jansenius, Malebranche) are juxtaposed with the less systematic and more concrete investigations of writers like Montaigne and La Rochefoucauld, not to mention the theatre of Corneille, Moliere, and Racine. This study will be of interest to all researchers working in early modern French literature and in the history of ideas."--BOOK JACKET.
Lonely Planet French Phrasebook & Dictionary is your handy passport to culturally enriching travels with the most relevant and useful French phrases and vocabulary for all your travel needs. Ask about tucked-away vineyards, bargain with local farmers at the market or order wine like a professional; all with your trusted travel companion. With language tools in your back pocket, you can truly get to the heart of wherever you go, so begin your journey now! Get More From Your Trip with Easy-to-Find Phrases for Every Travel Situation! Feel at ease with essential tips on culture, manners, idioms and multiple meanings Order with confidence, explain food allergies, and try new foods with the menu decoder Save time and hassles with vital phrases at your fingertips Never get stuck for words with the 3500-word two-way, quick-reference dictionary Be prepared for both common and emergency travel situations with practical phrases and terminology Meet friends with conversation starter phrases Get your message across with easy-to-use pronunciation guides Inside Lonely Planet French Phrasebook & Dictionary: Full-colour throughout User-friendly layout organised by travel scenario categories Survival phrases inside front cover for at-a-glance on-the-fly cues Covers Basics - time, dates, numbers, amounts, pronunciation, reading tips, grammar rules Practical - travel with kids, disabled travellers, sightseeing, business, banking, post office, internet, phones, repairs, bargaining, accommodation, directions, border crossing, transport Social - meeting people, interests, feelings, opinions, going out, romance, culture, activities, weather Safe Travel - emergencies, police, doctor, chemist, dentist, symptoms, conditions Food - ordering, at the market, at the bar, dishes, ingredients The Perfect Choice: Lonely Planet French Phrasebook & Dictionary , a pocket-sized comprehensive language guide, provides on-the-go language assistance; great for language students and travellers looking to interact with locals and immerse themselves in local culture. About Lonely Planet: Started in 1973, Lonely Planet is the world's leading travel guide publisher with guidebooks to every destination on the planet, and has been connecting travellers and locals for over 25 years with phrasebooks for 120 languages, more than any other publisher! With an award-winning website, a suite of mobile and digital travel products, and a dedicated traveller community, Lonely Planet enables curious travellers to experience the world and to truly get to the heart of the places they find themselves.
Directement issu de plusieurs années de pratique pédagogique, ce manuel est principalement destiné aux étudiants d'anglais du premier cycle universitaire. Sont abordés tour à tour l'environnement humain, le cadre institutionnel, les phénomènes politiques, les questions sociales, ainsi que la place de la Grande-Bretagne dans le monde. Un résumé en français souligne les points saillants de l'exposé rédigé en anglais afin de familiariser l'étudiant avec les nécessités des examens. De nombreux tableaux ou graphiques facilitent la mémorisation des institutions ou des grandes dates de l'histoire britannique. Une sélection de près de 80 textes se prête à une double utilisation, soit en travaux dirigés, soit sous forme de travail personnel. Cette nouvelle édition a été entièrement revue et actualisée.
This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
At the end of the eighteenth century, Alexandria was a small unimposing town; less than a century later, the city had become a busy hub of Mediterranean commerce and Egypt’s master link to the international economy. This is the first study to examine the modern transformation of the city, the surges of internal and international migration; the spa
The World Police Encyclopedia is the only existing reference work to systematically survey all the police systems in all the countries of the world (the 189 UN member states plus Switzerland). Each article describes police history; police education and training; structure of the force(s) in relation to the country's form of government and criminal justice system; police responsibilities and duties; most common crimes; structure and role of the courts; correction structure; organization and function of the police force(s); use of firearms; local and central interactions; community relations; and current issues and challenges. This unique resource will be of interest to scholars of history, foreign policy, and politics as well as government agencies, NGOs, and others involved in working internationally to control international and domestic crime.
Critics and scholars have long argued that the Renaissance was the period that gave rise to the modern individual. The Gargantuan Polity examines political, legal, theological, and literary texts in the late Middle Ages, to show how individuals were defined by contracts of mutual obligation, which allowed rulers to hold power due to approval of their subjects. Noting how the relationship between rulers and individuals changed with the rise of absolute monarchy, Michael Randall provides significant insight into Renaissance culture and politics by showing how individuals went from being understood in terms of their objective relations with the community to subjective beings. By studying this evolution, he challenges the argument that subjectivity enabled modern political autonomy to come into existence, and instead argues that subjectivity might have disempowered the outwardly directed and highly political individuals of the late Middle Ages. A profound and detailed study of one of the most drastic periods of change, The Gargantuan Polity will be of interest to scholars of French literature, the Renaissance, and intellectual history.
In Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the transition from French to English law to the continued importance of the Louis Riel case and trial, the authors provide detailed analyses of how communication practices form a common institutional culture. As scholars of communication and rhetoric, Dorland and Charland have written a challenging examination of the history of Canadian governance and the central role played by legal and other discourses in the formation of civil culture.
This book not only includes chapters on more than twenty new screen sleuths but also updates information on several detectives included in the first two volumes of Famous Movie Detectives. Author Michael Pitts also provides new material on sleuths in silent films and serials, as well as a listing of radio and television detective programs.
In defining Action Directe's mixture of millenarianism, workerism and nihilism, this study explains why the group turned to a strategy of murderous strikes and how a revolutionary political faction emerged in a stable western society.
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