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The Legacy of Punishment in International Law
by H. GouldThis book explores the evolution of international punishment from a natural law-based ground for the use of force and conquest to a series of jurisdictional and disciplinary practices in international law not previously seen as being conceptually related.
The Legacy of Racism for Children: Psychology, Law, and Public Policy
by Margaret C. Stevenson, Bettel. Bottoms and Kelly C . BurkeWhen children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.
The Legacy of Racism for Children: Psychology, Law, and Public Policy
When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.
The Legacy of Roman Law in the German Romantic Era: Historical Vision and Legal Change
by James Q. WhitmanWell after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the background of Romantic era law in the law of the Reformation, Whitman makes the great German tradition of legal scholarship more accessible to all those interested in German history. Drawing on treatises already known to legal historians as well as on previously unexploited records of legal practice, Whitman traces the traditions that allowed nineteenth-century German lawyers like Savigny to present themselves as uniquely "impartial" and "unpolitical." This book will be of particular interest to students of the many German thinkers who were trained as Roman lawyers, among them Marx and Weber.Originally published in 1990.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Legacy of Ronald Dworkin
by Wil Waluchow and Stefan SciaraffaThis book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
The Legacy of Ronald Dworkin
This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
A Legacy of Spies
by John le Carré'A brilliant novel of deception, love and trust to join his supreme cannon' Evening Standard'Vintage le Carré. Immensely clever, breathtaking. Really, not since The Spy Who Came in from the Cold has le Carré exercised his gift as a storyteller so powerfully and to such thrilling effect' John Banville, GuardianPeter Guillam, former disciple of George Smiley in the British Secret Service, has long retired to Brittany when a letter arrives, summoning him to London. The reason? Cold War ghosts have come back to haunt him. Intelligence operations that were once the toast of the Service are to be dissected by a generation with no memory of the Berlin Wall. Somebody must pay for innocent blood spilt in the name of the greater good . . .'Utterly engrossing and perfectly pitched. There is only one le Carré. Eloquent, subtle, sublimely paced' Daily Mail'Splendid, fast-paced, riveting' Andrew Marr, Sunday Times'Remarkable. It gives the reader, at long last, pieces of a jigsaw puzzle that have been missing for 54 years. Like wine, le Carré's writing has got richer with age' The Times'Perhaps the most significant novelist of the second half of the 20th century in Britain. He's in the first rank' Ian McEwan'One of those writers who will be read a century from now' Robert HarrisSunday Times bestseller, September 2017
Legacy of the Crash: How the Financial Crisis Changed America and Britain
by Terrence CaseyWhen the global financial system crashed, governments in America and Britain performed the greatest bailout in history. The legacy is record government debt, low growth and a new era of austerity. A stellar cast of contributors, including Tim Bale, Wyn Grant and Graham Wilson provide a sophisticated account of how the administrations are faring.
The Legacy of Vattel's Droit des gens
by Koen Stapelbroek Antonio TrampusThis edited collection offers a reassessment of the complicated legacy of Emer de Vattel’s Droit des gens, first published in 1758. One of the most influential books in the history of international law and a major reference point in the fields of international relations theory and political thought, this book played a role in the transformation of diplomatic practice in the eighteenth and nineteenth century. But how did Vattel’s legacy take shape? The volume argues that the enduring relevance of Vattel’s Droit des gens cannot be explained in terms of doctrines and academic disciplines that formed in the late nineteenth and twentieth centuries. Instead, the chapters show how the complex reception of this book took shape historically and why it had such a wide geographical and disciplinary appeal until well into the twentieth century. The volume charts its reception through translations, intellectual, ideological and political appropriations as well as new practical usages, and explores Vattel’s discursive and conceptual innovations. Drawing on a wide range of sources, such as archive memoranda and diplomatic correspondences, this volume offers new perspectives on the book’s historical contexts and cultures of reception, moving past the usual approach of focusing primarily on the text. In doing so, this edited collection forms a major contribution to this new direction of study in intellectual history in general and Vattel’s Droit des gens in particular.
Legal Academics: Culture and Identities
by Fiona CownieThis detailed study of the lived experience of legal academics explores not only the culture of legal academia and the professional identities of law teachers,but also addresses some of the most pressing issues currently facing the discipline of law. Given the diverse nature of contemporary legal scholarship, where does the future lie? With traditional doctrinalism, socio-legal studies or critical scholarship? What does academic law have to offer its students, the legal profession and the wider society? How do legal academics 'embody' themselves as law teachers, and how does this affect the nature of the law they teach and study? In the context of the RAE, the QAA and all the other pressures facing universities, legal academics discuss the realities of contemporary legal academia in the UK.
The Legal Academic's Handbook
by Chris Ashford Jessica GuthHow do you become a legal academic? What skills and experience are necessary to progress your career? In which ways could you enrich your job?With contributions from more than 60 established academics, this handbook offers essential guidance on starting, pursuing, managing and advancing a career in legal academia. Whether you are looking for ways to overcome challenges or to seek out new opportunities, this book provides practical advice through relevant research, personal experience, and anecdotal evidence.Four fictional academics who want to pursue different career paths in different academic institutions are introduced at the start of the book. Each chapter then delves into a specific topic from the perspective of one of these academics, including: making the transition from legal practice, investigating gender issues, gaining recognition for teaching, building a research profile, and organising a specialist conference.
Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
by James L. Nolan Jr.A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
by James L. Nolan Jr.A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Legal Accountability and Britain's Wars 2000-2015 (Routledge Research in International Law)
by Peter RoweThis book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Legal Accountability and Britain's Wars 2000-2015 (Routledge Research in International Law)
by Peter RoweThis book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Legal Accountability in EU Markets for Financial Instruments: The Dual Role of Investment Firms
by Carl Fredrik Bergström and Magnus StrandThe proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
Legal Accountability in EU Markets for Financial Instruments: The Dual Role of Investment Firms
The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
Legal Advisers in International Organizations (Leuven Global Governance series)
This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law.Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency. Contributors emphasise the importance of collegiality and networking between legal advisers and analyse the differences in the delivery of legal services within both governmental and private contexts.Presenting a broad perspective on the work of legal advisers at international organizations, this book will be vital reading for students, scholars, and practitioners of global governance, international law and political science. It will also be beneficial to legal advisers working for international organizations, lawyers, politicians and sociologists.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law (Law, Governance and Technology Series #56)
by Jasper VerstappenBlockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Legal Aid and the Future of Access to Justice
by Professor Catrina Denvir Dr Jacqueline Kinghan Dr Jessica Mant Dr Daniel NewmanThis open access book provides a snapshot of the state of contemporary access to justice in England and Wales.Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before.Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession.This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0. licence on bloomsburycollections.com
Legal Aid and the Future of Access to Justice
by Professor Catrina Denvir Dr Jacqueline Kinghan Dr Jessica Mant Dr Daniel NewmanThis open access book provides a snapshot of the state of contemporary access to justice in England and Wales.Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before.Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession.This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0. licence on bloomsburycollections.com
Legal aid in crisis: Assessing the impact of reform
by Sarah Moore Alex NewburyOriginally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.
Legal aid in crisis: Assessing the impact of reform
by Sarah Moore Alex NewburyOriginally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.
Legal Aid Lawyers and the Quest for Justice
by Daniel NewmanThis book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty – despite protestations to the contrary. The evidence is damning for this branch of the legal profession – and tragic for the clients who depend on them. What is responsible for this malaise…inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem – one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.
Legal Aid Lawyers and the Quest for Justice
by Daniel NewmanThis book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty – despite protestations to the contrary. The evidence is damning for this branch of the legal profession – and tragic for the clients who depend on them. What is responsible for this malaise…inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem – one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.