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The Legal History of the Church of England: From the Reformation to the Present
This book provides the first comprehensive analysis of the principal legal landmarks in the evolution of the law of the established Church of England from the Reformation to the present day.It explores the foundations of ecclesiastical law and considers its crucial role in the development of the Church of England over the centuries.The law has often been the site of major political and theological controversies, within and outside the church, including the Reformation itself, the English civil war, the Restoration and rise of religious toleration, the impact of the industrial revolution, the ritualist disputes of the 19th century, and the rise of secularisation in the twentieth. The book examines key statutes, canons, case-law, and other instruments in fields such as church governance and ministry, doctrine and liturgy, rites of passage (from baptism to burial) and church property.Each chapter studies a broadly 50-year period, analysing it in terms of continuity and change, explaining the laws by reference to politics and theology, and evaluating the significance of the legal landmarks for the development of church law and its place in wider English society.
The Legal Recognition of Animal Sentience: Principles, Approaches and Applications
This book explores the movement towards the recognition of animal sentience in the law. It explores some first principles underpinning the recognition of animal sentience, including the nature and scope of sentience provisions, the connection between sentience and empathy, drafting issues, and the relationship between sentience recognition and animal rights. The book highlights the operation of animal sentience provisions in several jurisdictions throughout the world and considers some sector-specific applications and limitations of animal sentience recognition.The first book of its kind, it draws together different perspectives as to what this novel turn in the law might mean and where it might lead. The chapters provide a full picture of what the recognition of animal sentience might entail for humans, animals, and our environment, as well as the experiences of different legal jurisdictions in pursuing recognition of animal sentience.This collection is an essential read for both practitioners and academics alike, as well as any group seeking to advance the interests of non-human animals.
Legal Rules And International Society
by Anthony Clark ArendThis book provides an interdisciplinary examination of international law by addressing four critical questions: How are international legal rules distinctive? How does an investigator determine the existence of a rule of international law? Does international law really matter in international politics? and What effect could the changing nature of international relations have on international law? Using Constructivist theory, Arend argues that international law can alter the identity of states, and, consequently, have a profound impact on state behavior.
Legislative Drafting for the EU: Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU
by Helen XanthakiLegislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.This innovative book reveals the weaknesses in the current drafting of EU law and recommends concrete changes for these regulations and directives in order to aid transposition. Highlighting the importance of drafting techniques, Helen Xanthaki offers an insightful analysis of EU legislation and emphasises the benefit of citizen-centred law-making in sustaining loyalty and trust in the EU. The author explores how reform is necessary to reflect the current usage of EU legislative expressions as the final legislative text for regulation, both at supranational and national levels. Considering the best ways to aid this reform, the book discusses legislative effectiveness and regulatory efficacy, Thornton’s methodology, and the use of easified and gender inclusive language to achieve clarity, precision, and unambiguity.Providing an incisive examination of EU legislative drafting and its implications for the member states, this thought-provoking book is a crucial read for scholars of European law, legislative drafting, regulation, and EU studies.
The Legitimacy of European Constitutional Orders: A Comparative Inquiry
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman’s influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.
Leitprinzipien der Strafrechtsreform / Kriminalpolitische Aspekte der Strafrechtsreform (Arbeitsgemeinschaft für Forschung des Landes Nordrhein-Westfalen #162)
by Hans Stratenwerth
Liberal Rights And Responsibilities: Essays On Citizenship And Sovereignty
by Christopher Heath Wellman
The Link Between Animal Abuse and Human Violence
by Andrew LinzeyMany philosophers, including Aquinas, Locke, Schopenhauer and Kant, have assumed that there is a link between cruelty to animals and violence to people. During the last 40 years, evidence for this view has steadily accumulated as a result of statistical, psychological, and medical investigations, and there is now a substantial body of supporting empirical evidence. "The Link Between Animal Abuse & Human Violence" brings together international experts from seven countries to examine in detail the relationships between animal abuse and child abuse, the emotional development of the child, family violence, and serial murder. It considers the implications for legal and social policy, and the work of key professionals. Sections include critical overviews of existing research, discussion of ethical issues, and a special focus on the abuse of wild animals. This book is essential reading for all those who have a stake in the debate, either because their academic work relates to the issues involved, or because their professional role involves contact with the abused or the abusers, both human and animal, including child care officers, community carers, law enforcement officers, health visitors, veterinarians, anti-cruelty inspectors, animal protection officers, social scientists, lawyers, psychologists, and criminologists. This is the most up-to-date, authoritative, and comprehensive volume on the link between animal abuse and human violence.
Listening to the Spirit: The Radical Social Gospel, Sacred Value, and Broad-based Community Organizing (AAR Academy Series)
by Aaron StaufferBroad-based community organizing (BBCO) is perhaps the most widely used form of political participation supported by American religious institutions today. As organizing groups become more religiously diverse, however, so do the conceptions of sacred value that ground organizing in the first place. In today's political climate what we hold most dear, those sacred values such as human life, a land, or a natural resource may seem to only further entrench us in our enclaves and threaten the solidarity of any constituency. This book tells a different story. People organize to protect and fight for what they hold most dear. Using auto-ethnography from over a decade of interfaith BBCO experiences, Listening to the Spirit makes a case for the political role of sacred values in BBCO, especially as they show up in two organizing practices: the ?listening campaign? and the ?relational meeting.? Aaron Stauffer argues that by centering sacred values in democratic politics, these organizing practices can be seen as religious practices, and that BBCO can build deeper solidarity through sacred values and relational power. Stauffer offers a social ethical, social practical account of religion and grounds democracy in our diverse religious values. Listening to the Spirit is a work of Christian social ethics in the tradition of the radical social gospel and draws on discussions of racial capitalism, radical democracy, feminist theory, and philosophical theology. By exploring the political role of sacred values in BBCO, the role of religion in organizing becomes clearer and a new political and ecclesiological terrain opens for Christians to understand these practices in ways Christians have traditionally understood through the Holy Spirit.
Litigants in Person in the Civil Justice System: In Their Own Words
by Dr Kate LeaderWhy do people represent themselves?What works and what doesn't for self-represented parties?And how can we improve Litigant in Person (LiP) experiences to make the civil justice system fairer?Based on in-depth interviews with individuals who have acted as Litigants in Person in the civil courts, the book provides the first full-length account of LiP experiences. The author shines a light on how much we don't know about LiPs, the civil justice system, and LiPs' place within it, as well as the kinds of things we ought to be doing to improve access to justice for unrepresented parties.Perfect for scholars of administrative justice, access to justice, court reform and legal aid, as well as government bodies and non-profit organisations, this book generates insight into meaningful methods of what works and what doesn't work for self-represented parties, based on the real-life experiences of LiPs.
Litigating Climate Change in the Global South
by Jacqueline Peel Jolene LinWhile climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
A Livable Planet: Human Rights in the Global Economy
by Madison PowersHumanity faces an ecological predicament, consisting of a cluster of concurrent, mutually reinforcing crises. They are causally intertwined and resistant to resolution in isolation. In addition to climate disruption, the cluster includes land-system change, loss of biodiversity and biosphere integrity, alteration of biogeochemical cycles, and decreased freshwater availability. Madison Powers argues for a targeted human rights approach to the resolution of our predicament. He assigns priority to a bundle of rights strategically important for counteracting ecologically unsustainable, economically predatory market practices. These practices exhaust natural resources or degrade the environmental conditions essential for a livable planet. Their harmful ecological effects result from or are exacerbated by the structure of the global political economy, especially institutions that influence the acquisition, control, and use of land, energy, and water resources. These institutions shape the economic decisions that have transformed every region of the globe and altered the planetary conditions that support life on Earth. A livable planet thus requires changes in humanity's relation to the rest of nature, which in turn, requires transformation of our economic relationships and the political and economic ideals underpinning them. Specifically, the balance of power between states and markets should be reversed by implementing an enforceable institutional bulwark against market practices that subvert the ecological conditions essential for the secure realization of human rights. These practices enable the powerful to hoard economic opportunities, crowd out sustainable alternatives, extract resources from vulnerable communities, shift environmental and economic burdens, dodge political and market accountability, and hijack public institutions for private purposes.
Logic And Experience: The Origin Of Modern American Legal Education
by William P. LaPianaThe 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961
by Mark V. TushnetFrom the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
Making Global and Local Connections: Historical Perspectives on Ports (Research in Maritime History #35)
by Tapio Bergholm Lewis R. Fischer M. Elisabetta TonizziThis book provides a series of case studies concerning ports and port communities from around the world, in attempt to determine the impact of globalisation on the port industry and the link between local and global port conditions. It also presents the case for the absolute necessity of ports and port systems to trade and industry on a global scale. The book is comprised of ten essays, the first six of which concern local issues in a rapid globalising industry. The second section contains the remaining four essays, which consider port systems from national perspectives.
Making Globalization Good: The Moral Challenges of Global Capitalism
by John H. DunningGordon Brown, Jonathan Sacks, Joseph Stiglitz, Hans Kung, Shirley Williams, and a dozen other leading thinkers in international business and ethics identify the pressing moral issues which global capitalism must answer. How can we develop a global economic architecture which is efficient, morally acceptable, geographically inclusive, and sustainable over time? If global capitalism — arguably the most efficient wealth creating system currently known to man — is to be both economically viable and socially acceptable, each of its four constituent institutions (markets, governments, supranational agencies, and civil society) must not only be technically competent, but also be buttressed and challenged by a strong moral ethos. The book includes contributions from leading academics, politicians, and moralists. Recognizing that solutions will not come from any one quarter, and that any serious discussion of a just and equitable system will touch on questions of ethics and faith, the book approaches the issues from a range of different disciplines and forums.
The Making of the Test Ban Treaty
by Ronald J. TerchekEighteen years after the United States presented its plan for the international control of atomic energy to the United Nations, the first major arms control agreement was signed between the United States and the Soviet Union. Including Great Britain, the three major nuclear powers pledged to refrain from nuclear tests in the atmosphere, outer space, and underwater in a treaty negotiated in Moscow within two weeks during the summer of 1963. It was hoped that the treaty would at least discourage those phases of the arms race which required large-yield nuclear explosions in the atmosphere or outer space as well as eliminate further radioactive pollution of the atmos phere. In addition, the test ban would discourage, though not eliminate, the development of nuclear weapons by other treaty adherents because the un derground testing allowed under the terms of the document would escalate already heavy costs for countries intending to conduct their first nuclear tests. The Kennedy administration expected other agreements to follow the test ban treaty, particularly an agreement to keep outer space free from 1 nuclear warheads and to outlaw underground tests in the near future. But one of the most important anticipated benefits of the treaty was the expected improvement of relations between the United States and the Soviet Union. The treaty was important not only because it was a tangible breakthrough in East-West arms-control negotiations but also because of its implications for domestic and international politics.
Management, Finance and Industrial Relations in Maritime Industries: Essays in International Maritime and Business History (Research in Maritime History #6)
by Simon Ville David WilliamsThis volume seeks to explore the vast history of international maritime business, focussing on themes of management, finance, and labour. Each essay considers the economics of maritime industries and the factors that influenced decision-making. Their collective purpose is to spotlight relatively neglected areas of international maritime business history, and their richly varied subjects and geographies are primarily unified by this theme, whilst demonstrating the universality of international maritime business. The essays cover the following subjects:- the Norwegian shipbroking firm, Fearnley and Eger; the labour management strategies of nineteenth century London dock companies; the hierarchies of Finnish seagoing in the nineteenth century; twentieth-century Spanish merchant shipping; an examination of Gothenburg’s leading shipping companies; an exploration of The Royal Mail’s postal contracts and overseas mail service; patterns of ownership and finance in Greek deep-sea steamship fleets; the relationships between banks and industry in interwar Italy; the expansion of Japanese post-war shipbuilding; and a survey of Chinese junk trades.
Mandates and Empire: The League of Nations and Africa, 1914-1931
by Michael CallahanThis book compares the impact of the League of Nations mandates system on British and French rule in the African mandated territories. It examines the mandates system with particular attention to international relations as well as to national politics, the activities of pressure groups, and the bureaucracies of the two largest overseas empires. The book studies developments in international law, international organization, and the powers of the Permanent Mandates Commission. The mandates system not only reflected the changing face of European colonialism, but also played a transforming role in its operation by influencing the economic, political, and cultural lives of Africans and Europeans within the mandated territories. The system led to the development of policies that transformed the relations between Europeans and Africans, and changed the way in which the colonial state exercised power within the mandated territories.
Mandatory Sustainability Requirements in EU Public Procurement Law: Reflections on a Paradigm Shift
This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law.Traditionally, EU public procurement law focused on 'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services.Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating 'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal.The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt.This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.