On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.
In Law and the Imagination in Medieval Wales, Robin Chapman Stacey explores the idea of law as a form of political fiction: a body of literature that blurs the lines generally drawn between the legal and literary genres. She argues that for jurists of thirteenth-century Wales, legal writing was an intensely imaginative genre, one acutely responsive to nationalist concerns and capable of reproducing them in sophisticated symbolic form. She identifies narrative devices and tropes running throughout successive revisions of legal texts that frame the body as an analogy for unity and for the court, that equate maleness with authority and just rule and femaleness with its opposite, and that employ descriptions of internal and external landscapes as metaphors for safety and peril, respectively. Historians disagree about the context in which the lawbooks of medieval Wales should be read and interpreted. Some accept the claim that they originated in a council called by the tenth-century king Hywel Dda, while others see them less as a repository of ancient custom than as the Welsh response to the general resurgence in law taking place in western Europe. Stacey builds on the latter approach to argue that whatever their origins, the lawbooks functioned in the thirteenth century as a critical venue for political commentary and debate on a wide range of subjects, including the threat posed to native independence and identity by the encroaching English; concerns about violence and disunity among the native Welsh; abusive behavior on the part of native officials; unwelcome changes in native practice concerning marriage, divorce, and inheritance; and fears about the increasing political and economic role of women.
This book is a successor to Robin Burnett's Law of International Business Transactions. It provides an up-to-date analysis of the legal environment for international trade and covers:the changes made to payment and letters of credit by reason of the adoption of the UCP 600, which became effective in 2007, and other means of payment which are currently used;the provisions and possible adoption of the UNCITRAL Draft Convention on the Carriage of Goods Wholly or Partly by Sea;recent developments in the law relating to international sale of goods;the question of international arbitration and other means of dispute resolution; andthe strategies and issues of international operations while incorporating and building on the comprehensive information and material in the previous book.It will assist practitioners and students in their understanding of the legal and practical aspects of international and overseas trade and operations.
As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.
Law, State, and Society in Early Imperial China has been accorded Honorable Mention status in the 2017 Patrick D. Hanan Prize (China and Inner Asia Council (CIAC) of the Association for Asian Studies) for Translation competition. In Law, State, and Society in Early Imperial China, Anthony J. Barbieri-Low and Robin D.S. Yates offer the first detailed study and translation into English of two recently excavated, early Chinese legal texts. The Statutes and Ordinances of the Second Year consists of a selection from the long-lost laws of the early Han dynasty (206 BCE-220 CE). It includes items from twenty-seven statute collections and one ordinance. The Book of Submitted Doubtful Cases contains twenty-two legal case records, some of which have undergone literary embellishment. Taken together, the two texts contain a wealth of information about slavery, social class, ranking, the status of women and children, property, inheritance, currency, finance, labor mobilization, resource extraction, agriculture, market regulation, and administrative geography.
Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.
The Domesday Book contains a great many things, including the most comprehensive, varied, and monumental legal material to survive from England before the rise of the common law. This book argues that it can - and should - be read as a legal text. When the statistical information present in the great survey is stripped away, there is much material still left, almost all of which stems directly from inquest, testimony given by jurors impanelled in 1086, or from the sworn statements of lords and their men. This information, read in context, can provide a picture of what the law looked like, the ways in which it was changing, and the means whereby the inquest was a central event in the formation of English law. The volume provides translations (with Latin legal terminology included parenthetically) for all of Domesday Book's legal references, each numbered and organised by county, fee, and folio.
The essays collected in this volume reflect the profound impact of Martha Nussbaum?s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law?s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum?s philosophical oeuvre.
The allure of science -- Internalization of science in modern law -- Externalization in modern law -- The repetitions of history -- The nature of law -- What is science? -- Misunderstanding the limits of science -- Improving the role of science in law.
Christian use of the Old Testament has tended to focus on law and wisdom literature and to marginalize narrative materials. This book restores story to its rightful place in Old Testament ethics and aims to set out parameters within which Christian ethical reappropriations of Old Testament narratives can take place. The argument begins by examining recent philosophical studies of the role of story in the ethical life. Special attention is paid to the work of Paul Ricoer, Martha Nussbaum and Robert C. Roberts. Then the theological foundations are laid by demonstrating the importance of narrative for Old Testament ethics and of the biblical metanarrative for Christian interpretation. Genesis 34 is examined as a detailed case study to exemplify the fruits of the method for Christian readers. The study considers reception history, feminist interpretation, discourse analysis and canonical context to shed new light on the terrible story of the rape of Dinah.
This giant resource gives an an extensive look at the nine annual holidays: Passover, Unleavened Bread, Firstfruits, Pentecost, Trumpets, Day of Atonement, Tabernacles, Hanukkah, Purim, and the Sabbath.
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Learn, prepare, and practice for CISSP exam success with the CISSP Cert Guide from Pearson IT Certification, a leader in IT Certification. Master CISSP exam topics Assess your knowledge with chapter-ending quizzes Review key concepts with exam preparation tasks Practice with realistic exam questions on the CD CISSP Cert Guide is a best-of-breed exam study guide. Leading IT certification experts Troy McMillan and Robin Abernathy share preparation hints and test-taking tips, helping you identify areas of weakness and improve both your conceptual knowledge and hands-on skills. Material is presented in a concise manner, focusing on increasing your understanding and retention of exam topics. You'll get a complete test preparation routine organized around proven series elements and techniques. Exam topic lists make referencing easy. Chapter-ending Exam Preparation Tasks help you drill on key concepts you must know thoroughly. Review questions help you assess your knowledge, and a final preparation chapter guides you through tools and resources to help you craft your final study plan. The companion CD contains the powerful Pearson IT Certification Practice Test engine, complete with hundreds of exam-realistic questions. The assessment engine offers you a wealth of customization options and reporting features, laying out a complete assessment of your knowledge to help you focus your study where it is needed most, so you can succeed on the exam the first time. This study guide helps you master all the topics on the CISSP exam, including Access control Telecommunications and network security Information security governance and risk management Software development security Cryptography Security architecture and design Operation security Business continuity and disaster recovery planning Legal, regulations, investigations, and compliance Physical (environmental) security Troy McMillan, Product Developer and Technical Editor at Kaplan Cert Prep, specializes in creating certification practice tests and study guides. He has 12 years of experience teaching Cisco, Microsoft, CompTIA, and Security classes for top training companies, including Global Knowledge and New Horizons. He holds more than 20 certifications from Microsoft, Cisco, VMware, and other leading technology organizations. Robin M. Abernathy has more than a decade of experience in IT certification prep. For Kaplan IT Certification Preparation, she has written and edited preparation materials for many (ISC)2, Microsoft, CompTIA, PMI, Cisco, and ITIL certifications. She holds multiple IT certifications from these vendors. Companion CD The CD contains two free, complete practice exams, plus memory tables and answers to help you study more efficiently and effectively. Pearson IT Certification Practice Test minimum system requirements: Windows XP (SP3), Windows Vista (SP2), Windows 7, or Windows 8; Microsoft .NET Framework 4.0 Client; Pentium-class 1GHz processor (or equivalent); 512MB RAM; 650MB disk space plus 50MB for each downloaded practice exam; access to the Internet to register and download exam databases
Features coverage of the service systems lifecycle, including service marketing, engineering, delivery, quality control, management, and sustainment Featuring an innovative and holistic approach, Service Science: The Foundations of Service Engineering and Management provides a new perspective of service research and practice. The book presents a practical approach to the service systems lifecycle framework, which aids in understanding and capturing market trends; analyzing the design and engineering of service products and delivery networks; executing service operations; and controlling and managing the service lifecycles for competitive advantage. Utilizing a combined theoretical and practical approach to discuss service science, Service Science: The Foundations of Service Engineering and Management features: Case studies to illustrate how the presented theories and design principles are applied in practice to the definitions of fundamental service laws, including service interaction and socio-technical natures Computational thinking and system modeling such as abstraction, digitalization, holistic perspectives, and analytics Plentiful examples of service organizations such as education services, global project management networks, and express delivery services An interdisciplinary emphasis that includes integrated approaches from the fields of mathematics, engineering, industrial engineering, business, operations research, and management science A detailed analysis of the key concepts and body of knowledge for readers to master the foundations of service management Service Science: The Foundations of Service Engineering and Management is an ideal reference for practitioners in the contemporary service engineering and management field as well as researchers in applied mathematics, statistics, business/management science, operations research, industrial engineering, and economics. The book is also appropriate as a text for upper-undergraduate and graduate-level courses in industrial engineering, operations research, and management science as well as MBA students studying service management.
Here's a handy reference for anyone who has a question or problem involving family law--marriage, divorce, adoption, custody and visitation, domestic violence, surrogate parenting, alimony, and more. This fourth edition includes information on getting professional help, child support enforcement, and finding information online about family law.
This treatise on aesthetics begins by showing that the word 'art' is used as a name not only for 'art proper' but also for certain things which are 'art falsely so called'. These are craft or skill, magic and amusement, each of which, by confusion with art proper, generates a false aesthetic theory. In the course of attacking these theories the author criticizes various psychological theories of art, offers a new theory of magic, and reinterprets Plato's so-called 'attack on art', showing that it has been entirely misunderstood. Finally, he draws important inferences concerning the position of art in human society.
Marriage, Sexuality, and Gender examines contemporary debates about the meaning and value of marriage. The book analyzes arguments for traditional marriage, including those of neonaturalists, utilitarians, and communitarians or virtue theorists. The volume also considers a range of feminist, welfarist, and liberationist arguments for ending the institution altogether. It evaluates two major reform movements: one focused on expanding marriage to include same-sex couples and the other focused on the use of law to render marriage more internally just. The book concludes with a plea to activists to redirect "marriage equality" movements toward the creation of an entirely secular "civil union law" that would respect a broader range of private life-long commitments, including but not limited to same- and opposite-sex couples, without threatening the role of religious marriage in the lives of those who embrace it and without penalizing nonparticipants.
Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.
Volume I, completed in 1968, gives a systematic account of classical Athenian law concerning family and property. Volume II, on the law of obligations and of procedure, was unfinished at the time of the author's death in 1969. The part which concerns procedure was virtually complete and, edited by D. M. MacDowell, appeared in 1971. MacDowell has provided a new Foreword for this edition as well as a select bibliography (from 1967 to the present), which appears in both volumes. Together these distinguished works form the most detailed study of Athenian law in the last half-century.
Thoroughly updated and expanded, the Second Edition of Child Maltreatment: An Introduction disseminates current knowledge about the various types of violence against children. Uniquely offering both a psychological and sociological focus, this core text helps students understand more fully the etiology, prevalence, treatment, policy issues, and prevention of child maltreatment.
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