People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.
A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Scotlands Choice is a humorous and satirical expose by Tom Law on the upcoming referendum on Scottish Independence. It is expressed in cartoon form and its purpose is to entertain both sides of the argument. Not to be taken too seriously!
Discover the secrets to success in the personal training industry. After spending a lifetime working on all aspects of group and personal training, here, in this one book, Tom Law presents the habits and techniques that have helped his business thrive. Learn how to handle all types of clients, how to prepare for new challenges, and how to keep things fresh and energised. Learn it from someone who has made all the mistakes and then some. Keep Tom's Law close by, and you will find yourself using it often as a reference. Here, you'll find out how Tom adapted his military training for civilian use. You'll also explore a wealth of knowledge on some of the more difficult aspects of the health and wellness industry, along with great tips and suggestions. Tom's Law is a must-read for everyone who wants to be a successful personal trainer.
Leading scholar Tom R. Tyler provides a timely and engaging introduction to the field of law and psychology. This Advanced Introduction outlines the main areas of research, their relevance to law and the way that psychological findings have shaped – or failed to shape – the corresponding areas of law. Key features include focus on the relevance of psychological theories to topics in law, emphasis on the institutional realities within which law functions and discussion of the problems of bringing research findings into the legal system.
This outstanding text and reference provides health professionals & students with a balanced, comprehensive, highly readable survey of the legal concepts and controversies affecting them today. Avoiding unnecessarily technical language, it lucidly explains basic legal principles and theories, examines current issues and their implications, and probes future legal trends. Throughout, each chapter offers a complete, self-contained introdu ction to a medicolegal topic--including invaluable endnotes that cite references, clarify perspectives, and suggest further readings. A unique appendix also explains how to use law library facilities to best advantage.
This best-selling book outlines the causes and consequences of bad legal writing and prescribes straightforward, easy-to-apply remedies that will make your writing readable. Usage notes address lawyers' most common errors, and editing exercises allow readers to test their skills, making this an invaluable tool for practicing lawyers as well as a sensible grounding for law students. New sections in this edition: - Getting to the point - Communicating digitally - Writing persuasively - Twenty-five common mistakes"--Provided by publisher.
Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust
A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
This is the Black and White Edition of Tom Law's 'Return to Animalia'. It might be described as 'extreme' in terms of its analysis of current social and political attitudes in Australia. However it should also appeal to a wider audience in that it touches upon many contemporary world problems that trouble our daily lives. The author naturally recommends the full colour version for full impact, however for those that merely wish to get to the kernel, this edition will suffice.
The first and only comprehensive account of the history of the law of child custody from the ancient Mesopotamian law codes to the present-day schism between gender neutrality/equality and polarity. Attorney Tom James explains the evolution of key concepts like the maternal preference and tender years doctrine, the "paramount rights" of fathers, the primary caretaker standard, the role of marital fault, "best interest" factors, the constitutionalization of parental rights, rights regarding children born out of wedlock, child protection, third party rights, visitation, joint custody, and more. Includes a discussion of the impact of women's movements, and of late twentieth century welfare and child support legislation. Essential reading for family law professionals, and anyone with an interest in family law reform and the welfare of children. New to this edition: survey of state no-fault statutes; key U.S. Supreme Court decisions; a new chapter on the rights of gay, lesbian, and transgendered parents; and an extensive bibliography.
There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts tounderstand this complex institutional form of "legal pluralism".Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four "local legal cultures" - in the countryside, in forests, in towns and cities, and in the maritime world - that grew up around legal institutions,landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law.Johnson then turns to examine "common legalities", widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English asa legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives.Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through legality.
This collection of Tom Campbell's essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996).
A contemporary, easy-to-teach text by the Reporters for the new Restatement of the Law Liability Insurance, this casebook invites students and teachers to re-imagine the field of Insurance Law. The authors demonstrate the big-picture role of insurance law and policy in American business and society, exploring federal-state regulatory roles in depth as well as the traditional topics covered in casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. This text appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Teacher’s Manual—with case briefs, backgrounds on selected cases, simple diagrams that explain complex issues, and answers to questions and problems—is especially useful for instructors new to the course. New to the Fifth Edition: Expanded coverage of the role of insurance in disasters and catastrophes, including the COVID-19 pandemic Extensive treatment of the now-finalized Restatement of the Law, Liability Insurance Reorganization of the liability insurance chapters to facilitate more step-by-step learning Replacement of a few difficult-to-teach cases with new, more straightforward cases Professors and student will benefit from: Focus on the big picture of federal-state regulatory roles in addition to the traditional insurance coverage topics addressed in other Insurance Law casebooks Extensive use of statutory materials, with statutes typically presented through carefully-constructed problems Manageable assignments structured with one major case, informative notes, questions, and a problem Interesting, up-to-date cases, with context-setting introductions, on topics such as cyber insurance, the role of private insurance in responding to public catastrophes, and the new Restatement of the Law Liability Insurance Cases are longer, providing students better grounding in the art of extracting useful knowledge from judicial opinions Elimination of some of the arcane aspects of insurance law in favor of presenting a broad and conceptual overview of the field
Humans are a species that classifies. We arrange the flow of the things and events that we see and experience, place them into categories, and erect boundaries around those categories. Among the boundaries that we erect are those that we put around groups of “other” human beings. The evil side of human classification of other human beings is that we sometimes create false categories of other people, as is often the case in racial, ethnic, and religious stereotypes. This unmindful creation of empty categories of human characteristics is what happened during two periods crucial to the construction of race in America. This is racism. The United States is in a period of deep cultural flux and conflict, much of it seen through the lens of race. Tom Diaz proposes that the everyday actions of ordinary people, in the context of extreme political and cultural polarization, distort the criminal justice system and betray the lofty ideals expressed in American founding documents and centuries of Anglo-American articulations of basic human rights. These everyday actions range across a spectrum from the armed intervention of private citizens in the forms of individual action, neighborhood watches, and citizen’s arrests, to the expectations imposed on law enforcement, in particular, and the criminal justice system in general.
The title of 'Helter Skelter', Tom Law's latest book, almost speaks for itself. Basically, due to human folly, the writing leads us to the world's end with perhaps the survival of just a few reverting to a pre high tech existence. The storyline is interwoven with political outpourings, observations and graffiti ramblings. Sequence is a problem as factual narrative merges into drama, futuristic fantasy and prediction. So be warned: the flow is deceptive as the text is driven into cataracts, over waterfalls and through chasms lined with sharp rocks and oblique boulders. The writing is at times confused, abstract and didactic.. in other words, unconventional! Never the less, apart from being confronting it is a worthwhile read hopefully with lessons to be learned. Although the tome displays bucket loads of negativity and evil, the coda is a final escape route to the possibility of an alternative and possibly something better. Touches upon all the current problems and dilemmas facing humanity.
The World Walls separating the "real world" from the alternate world of Faerie are becoming so thin that Faerie can now be seen in satellite photographs. As craven mortal land developers threaten to exploit the magic lands, David Sullivan finds that it is up to him and his friends to prevent the High King Lugh from implementing his "final solution" to a most vexing problem—humankind.
“Tom Diaz has worn out some shoe leather, much like a good detective, in gathering facts, not myths or urban legends. As a result he has produced an accurate and comprehensive look at a grave and present danger to our society.” —From the Foreword by Chris Swecker, former Assistant Director of the FBI and former head of the FBI’s Criminal Investigation Division No Boundaries is a disturbing account of what many consider the “next Mafia”—Latino crime gangs. Like the Mafia, these gangs operate an international network, consider violence a routine matter, and defy U.S. law enforcement at every level. Also, the gangs spawn kingpins such as the notorious Nelson Varela Martinez Comandari, who nearly became the first “Latin godfather” in the United States. Focusing on the Los Angeles–based Mara Salvatrucha (MS-13) and the 18th Street Gang, and the Chicago-based Latin Kings, Tom Diaz describes how neighborhood gangs evolved into extremely brutal, sophisticated criminal enterprises and how local and federal authorities have struggled to suppress them. As he makes clear, the problem of transnational Latino gangs involves complex national and international issues, such as racial tensions, immigration policy, conflict in Latin America, and world economic pressures.
Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.
Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law.
This third edition has been comprehensively revised, expanding the information in the previous edition on the long-standing challenge of implementing effective, responsible, and acceptable practices in ethical police work. The author’s unique perspective provides insights not found elsewhere and presents them in an informative, fact-filled, and encouraging way. The text is based on the premise that ethical crisis has always existed in law enforcement and stresses that policing is and always has been a “morally dangerous occupation.” The moral dangers of policing are discussed in detail and emphasize how crucial ethical standards are for police officers. Four critical and primary questions addressed in the text are: Is law enforcement a profession? Can law enforcement officers be professional? What forms of behavior are the major law enforcement ethical violations? Can police ethical violations be controlled? Several chapters also thoroughly review the Law Enforcement Code of Ethics and include very up-to-date examples of notable violations by individual officers and police departments. Additional topics include major police corruption issues, including corrupt practices and corruption control; abuse of authority; and getting effective control of unethical behavior. The goal of this timely new edition is to provide officers, law enforcement managers, and city administrators with only the most current information, tools, and skills in identifying and dealing with unethical police behavior. It is valuable to both new and seasoned officers in a significant effort to make policing a true profession that is real and not rhetoric.
We can’t afford to be complacent any more: “A formidable book . . . extremely rich in historical examples, case studies, and quantitative data.” —International Journal of Constitutional Law Democracies are in danger. Around the world, a wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump marks a decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Many think the Constitution will safeguard us from lasting damage. But is that assumption justified? Drawing on an array of other countries’ experiences, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality, they contend, is that the US Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court to conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better, and the authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk. “This book makes a huge contribution to our understanding of how democracies erode and what institutional reforms would make it harder for authoritarian populists to entrench their power.” —Yascha Mounk, author of The People vs. Democracy “Whereas other recent books on the crisis of American democracy focus on what has gone wrong, Ginsburg and Huq provide us with clear-eyed proposals—including some bold constitutional reforms—for how to fix it.” —Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die
All over Europe we witness a spectacular rise of the recourse to fundamental rights in debates on civil liability. This is part of a pervasive process of constitutionalisation, of private law in general and tort law in particular. This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands. This analysis will be followed by answering the questions: How are these developments to be judged? Does the C-factor seriously undermine the autonomy of private law (‘The purpose of private law is simply to be private law’, Ernest J. Weinrib, The Idea of Private Law)? And if so, does it matter? How are we to handle the C-factor? Should we embrace it wholeheartedly, or rather adopt a policy of being neglect or even try to eradicate it altogether?
Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future. This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.
The guide provides analysis and explanation of participants in Section 337 investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including complaint preparation, the discovery process, pre-hearing procedures, the hearing and post-hearing processes and remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of an ITC decision.
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