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The Legal Limits of Direct Democracy: A Comparative Analysis of Referendums and Initiatives across Europe
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.Chapters explore and lay the scientific basis for answering crucial questions such as ‘Where should the legal limits of direct democracy be drawn?’ and ‘Who should review compliance with these limits?’ Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission’s Guidelines on the Holding of Referendums.Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.
Legal Literacy in Premodern European Societies (World Histories of Crime, Culture and Violence)
by Mia KorpiolaThis book analyses the legal literacy, knowledge and skills of people in premodern and modernizing Europe. It examines how laymen belonging both to the common people and the elite acquired legal knowledge and skills, how they used these in advocacy and legal writing and how legal literacy became an avenue for social mobility. Taking a comparative approach, contributors consider the historical contexts of England, Finland, France, Germany, Italy and Sweden.This book is divided into two main parts. The first part discusses various groups of legal literates (scriveners, court of appeal judges and advocates) and their different paths to legal literacy from the Middle Ages to the nineteenth century. The second part analyses the rise of the ownership and production of legal literature – especially legal books meant for laymen – as means for acquiring a degree of legal literacy from the eighteenth to the early twentieth century.
The Legal, Medical and Cultural Regulation of the Body: Transformation and Transgression
by Stephen W. SmithThe regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.
The Legal, Medical and Cultural Regulation of the Body: Transformation and Transgression
by Stephen W. SmithThe regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.
Legal Method (Macmillan Law Masters)
by Ian McLeodThe Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors.This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited.This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Legal Method (Palgrave Professional Masters)
by Ian McLeodIntroduces the nature of law and legal reasoning for anyone beginning serious legal training or study. Starting with the English legal system and constitutional law, Mcleod moves on to case law and precedent, statute law and interpretation including EC law as it arises.
Legal Method (Macmillan Law Masters)
by Ian McLeodThe second edition of Ian McLeod's highly successful Legal Method has been fully revised and up-dated in respect of both English and Community sources of law, and continues to provide a lively introduction to the nature of law and legal reasoning. The book, which is both a self-contained study and an invaluable foundation for legal education, is divided into three parts: Ideas and Institutions, Case-Law and Precedent, and Statute Law and Statutory Interpretation. The constant theme is how uncertainties arise within the law and how the course resolves them. The text has been made accessible by lucid explanation rather than by dilution. The sources cited range from W.S. Gilbert and G.K. Chesterton to Alexander Pope and T.S. Eliot, in addition to a wealth of more conventional legal authorities. Reviewing the first edition, the Statute Law Review commented that the author has 'managed, unlike the authors of many contemporary students, to integrate the European Community legal dimension'.
Legal Method (Macmillan Law Masters)
by Ian McLeodThe third edition of this well-established textbook continues to provide a lively introduction to both the nature of the sources of English and European Community law and the ways in which lawyers use them. It includes coverage of the Human Rights Act 1998 and the relevant provisions of the European Convention on Human Rights. Legal structures of the European Community are integrated throughout the text. The book is both a self-contained study as well as an invaluable foundation for further study of law.
Legal Method Essentials (Edinburgh Law Essentials)
by Dale McFadzean Gareth RyanLegal Method Essentials is an invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of Legal Method and is the ideal text for students who come new to the subject and for those preparing for exams. This book is also an excellent resource for those who need to refresh or update their knowledge.
Legal Method Essentials for Scots Law (Edinburgh Law Essentials)
by Dale McFadzean Lynn Allardyce IrvineGet started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with handy tips for legal writing and research.
Legal Method Essentials for Scots Law (Edinburgh Law Essentials)
by Dale McFadzean Lynn Allardyce IrvineGet started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with handy tips for legal writing and research.
Legal Method (PDF)
by Ian McleodThe Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Legal Method, Skills And Reasoning
by Sharon HansonWritten to provide an integrated teaching tool for courses in legal method, this book encourages debate and critical thinking in new students.
Legal Method, Skills and Reasoning
by Sharon HansonWritten to provide an integrated teaching tool for courses in legal method, this book encourages debate and critical thinking in new students.
Legal Methods of Mainstreaming Climate Change Adaptation in Chinese Water Management
by Xiangbai HeThis book addresses why, whether and how the existing legal framework on water management in China could make climate change adaptation a mainstream issue. The book uses a table to illustrate the distinctions and similarities between IWRM and water-centered adaptation to analyze the possibilities of mainstreaming adaptation. The new water-planning processes and EIA are also illustrated in the form of figures showing the differences after factoring in adaptation considerations. Interviews with water managers to obtain their perception and attitudes towards climate change adaptation offer new perspectives for readers. The adaptation- mainstreaming approach, which finds a way to balance various interests and tasks, will arouse the interests of those readers who argue that climate change is only one of the issues challenging water management, and that poverty reduction, environmental protection and living standard improvement are even more important. Readers will also be interested to discover that the adaptation mainstreaming approach could be applied in water management institutions such as water planning and EIA. In addition, the book offers a clear explanation of the challenges of adaptation to the existing water-related legal framework from a theoretical perspective, and provides theoretical and practical recommendations.
Legal Mobilization for Human Rights (Collected Courses of the Academy of European Law)
by Gráinne De BúrcaThe traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.
Legal Mobilization for Human Rights (Collected Courses of the Academy of European Law)
The traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.
Legal Modernism (Law, Meaning, And Violence)
by David LubanModernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Legal Monism: Law, Philosophy, and Politics (International Law and Domestic Legal Orders)
by Paul GraglIn response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Legal Monism: Law, Philosophy, and Politics (International Law and Domestic Legal Orders)
by Paul GraglIn response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.
Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore
by Kimberly Kessler Ferzan and Stephen J. MorsePerhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
Legal Narratives in Victorian Fiction (Among the Victorians and Modernists)
by Joanne Bridget SimpsonThe law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.
Legal Narratives in Victorian Fiction (Among the Victorians and Modernists)
by Joanne Bridget SimpsonThe law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.
Legal Naturalism: A Marxist Theory of Law
by Olufemi TaiwoLegal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law.Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations.Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.