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The Role of the Media in Criminal Justice Policy: Prisons, Populism and the Press
by Natalia Antolak-SaperThis book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.
The Role of the Ocean in Global Cycling of Persistent Organic Contaminants: Refinement and Application of a Global Multicompartment Chemistry-Transport Model (Hamburg Studies on Maritime Affairs #18)
by Irene StemmlerPersistent organic contaminants, which are bioaccumulative and toxic are a concern for the ecosystems and human health and are regulated under international law (global and regional conventions, besides other). If semivolatile, they cycle in different environmental compartments and follow complex transport pathways. The ocean is believed to play a key role in the cycling by accumulating and storing the contaminant and providing a transport medium. But substance fate in the marine environment is not fully understood yet. Here, the global multicompartment chemistry-transport model MPI-MCTM is used to study the fate of organic pollutants in the marine and total environment. For the first time historical emission data are used in spatially-resolved long-term simulations of an insecticide, DDT, and an industrial chemical, perfluorooctanoic acid (PFOA). The model results give new insights into the cycling of these substances as different spatial and process resolutions were tested. E.g. for DDT the model results show saturation and reversal of air-sea exchange, which was not indicated by any other study before.
The Role of the Regions in EU Governance
by Carlo Panara and Alexander De BeckerThis publication compares for the first time how the regions in seven different countries (Austria, Belgium, France, Germany, Italy, Spain and the UK) are involved in EU governance. It is also the first book which tackles this matter from two different perspectives; that of EU law and that of comparative law. It includes contributions both from well-established scholars in the field of EU law and from younger scholars.
Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest
by Gabrielle ApplebyBehind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied.The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government.But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest
by Gabrielle ApplebyBehind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied.The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government.But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
The Role of the State and Accounting Transparency: IFRS Implementation in Developing Countries
by Mohammad NurunnabiDr Mohammad Nurunnabi examines the factors that affect the implementation of International Financial Reporting Standards (IFRS) in developing countries and answers these specific research questions: - What is the relative impact of accounting regulatory frameworks and politico-institutional factors on the implementation of IFRS in developing countries? - How do cultural factors affect said implementation? - How does a study of implementing IFRS help to build an understanding of a theory of the role of the state in accounting change in developing countries? This follows a mixed methodology approach, in which interviews are conducted, IFRS-related enforcement documents and annual reports are evaluated. More than 138 countries have adopted IFRS, yet the International Accounting Standards Board (IASB) does not provide an implementation index. Financial reporting varies by country, even within the area of the world that has apparently adopted IFRS and Nurunnabi offers an important viewpoint that considers the issues of IFRS implementation from various perspectives. This is an invaluable resource for Undergraduate, Masters and PhD students, policy makers (at local, regional and international level) namely the IASB, World Bank, IMF, practitioners and users, giving them the necessary insight into the financial reporting environment and the state’s attitude towards accounting transparency. Most importantly, this book contributes to military and democratic political regimes and the Max Weberian view of the theory of the role of the state’s attitude towards accounting transparency.
The Role of the State and Accounting Transparency: IFRS Implementation in Developing Countries
by Mohammad NurunnabiDr Mohammad Nurunnabi examines the factors that affect the implementation of International Financial Reporting Standards (IFRS) in developing countries and answers these specific research questions: - What is the relative impact of accounting regulatory frameworks and politico-institutional factors on the implementation of IFRS in developing countries? - How do cultural factors affect said implementation? - How does a study of implementing IFRS help to build an understanding of a theory of the role of the state in accounting change in developing countries? This follows a mixed methodology approach, in which interviews are conducted, IFRS-related enforcement documents and annual reports are evaluated. More than 138 countries have adopted IFRS, yet the International Accounting Standards Board (IASB) does not provide an implementation index. Financial reporting varies by country, even within the area of the world that has apparently adopted IFRS and Nurunnabi offers an important viewpoint that considers the issues of IFRS implementation from various perspectives. This is an invaluable resource for Undergraduate, Masters and PhD students, policy makers (at local, regional and international level) namely the IASB, World Bank, IMF, practitioners and users, giving them the necessary insight into the financial reporting environment and the state’s attitude towards accounting transparency. Most importantly, this book contributes to military and democratic political regimes and the Max Weberian view of the theory of the role of the state’s attitude towards accounting transparency.
The Role of the State and Industrial Relations
by Adalberto Perulli Tiziano TreuThe Role of the State and Industrial Relations Edited by Adalberto Perulli & Tiziano Treu The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the "creeping renationalization" that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state. Analyzing industrial relations systems from international, supranational, European and national points of view—and with an interdisciplinary approach connecting labour law, commercial law, corporate governance and international law—this one-of-kind book examines such salient aspects of the subject as the following: cooperative versus conflictual industrial relations systems; phenomenon of constitutionalization of power by multinational enterprises; competitive, illiberal and protectionist patterns of state regulation; freedom of association and industrial relations; potential power of transnational collective bargaining; impact of worktime arrangements; role of European Works Councils; exemplary value of the German system of workers’ participation; and global framework agreements. Using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa, India), the book reconstructs the general framework of global industrial relations, considering challenges and future prospects and proposing a new agenda for the state. Contributors include widely renowned professors of labour, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law. The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers’ associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labour, industrial relations and social rights in European and international contexts.
The Role of the State in Pension Provision: Employer, Regulator, Provider
by JimStewart GerardHughesThis book deals with the role of the State in pension provision as an employer, regulator and provider. Part I deals with problems and reforms of public sector pension systems in OECD countries. The countries covered are Denmark, Finland, Germany, The Netherlands, Norway, and the USA. Part II considers the regulation of occupational pension schemes in The Netherlands and the United Kingdom, and whether there is still a role for the State in providing earnings-related pensions in the United Kingdom. Part III presents demographic projections for the next half-century, using Ireland as an example, looks at some of the options which have been used in Finland, and proposed in the United States, to cope with population ageing, and examines issues of intergenerational equity which are posed by these options. All the chapters deal with recent reforms. The chapters are written by acknowledged experts in their field who are independent of both the pensions industry and Government. Hence the chapters provide an informed critical account of current developments in relation to the reform of occupational pension schemes in the public sector and of the debate about the State's role as a regulator of private pension schemes and a provider of pensions based on the social insurance principal. The book is important as a source of information about pension schemes in OECD countries. It shows that there is not a unique model of occupational pension provision for public sector employees and that the pension benefits which are provided in different countries are quite variable. It also shows that public sector occupational pension systems have changed and are in the process of considerable further change in a number of OECD countries.
The Role of the Third Surveyor under the Party Wall Act 1996
by Victor VegodaThis book is intended to clear any misconceptions about the responsibilities of the third surveyor and outlines the steps taken in choosing a professional for this role, as well as discussing who may carry it out.
The Role of the Third Surveyor under the Party Wall Act 1996
by Victor VegodaThis book is intended to clear any misconceptions about the responsibilities of the third surveyor and outlines the steps taken in choosing a professional for this role, as well as discussing who may carry it out.
Role Of The Unrealisable: A Study In Regulative Ideals
by Dorothy EmmetThere are certain ideals that can never be realised yet play an important role in our thinking, our morality, and our politics: they include the final comprehensive Truth, the General Will, the absolute Good, and certain religious ideals. Our attempts to get closer to them profoundly influence what we do, and our concern for them informs our criticism of what we reject. In politics, in particular, too many idealists are under the illusion that these ideals can be realised and if disillusioned about this they too easily turn to cynicism - which is equally mistaken. This book looks at the role of such ideals in our intellectual and moral lives and in our politics by taking Kant's concept of the Regulative Ideal, and in so doing develops the concept itself further. Other thinkers whose ideas are considered in relation to this range from Plato to Iris Murdoch.
Role of Women Parliamentarians in Achieving Sustainable Development Goals in India: Nutrition, Family Planning and Sexual and Reproductive Health (Sustainable Development Goals Series)
by Bhumika ModhThis book analyses the systematic and procedural issues that are faced by women in the Parliament and brings to light the systematic ignorance of certain issues supported by data on the Parliamentary Debates, Question Hours and functioning of Parliamentary Committees. Combining these technical issues with substantive legal arguments in favour of gender mainstreaming, this book acts as a tool of strategic advantage for policymakers, legislators, advocates and researchers. This work unearths not only the problem areas of the research theme, but also dedicates a solution which relies on effective monitoring techniques used globally, specifically to achieve the SDGs in the field of Nutrition, Family Planning and Sexual and Reproductive Health.
The Roles of Innovation in Competition Law Analysis (ASCOLA Competition Law series)
by Paul Nihoul Pieter Van CleynenbreugelRapid technological innovations have challenged the conventional application of antitrust and competition law across the globe. Acknowledging these challenges, this original work analyses the roles of innovation in competition law analysis and reflects on how competition and antitrust law can be refined and tailored to innovation. With chapters from well-established and up-and-coming competition law and economics scholars – from the Academic Society for Competition Law (ASCOLA) – this book reflects on the role innovation has played, and can continue to play, within competition and antitrust law. In addition to uncovering innovation concerns within their analysis, the authors also make important contributions to academic and policy debates on the relationship between these areas of law and other instruments of innovation regulation, such as data protection regulation, intellectual property law, the regulation of big data, platforms and artificial intelligence. Academics in competition and intellectual property law, economics and political science working on data protection or innovation more generally will find this book a useful insight into future challenges for constructing meaningful and effective laws within the area of innovation. Policymakers and practising lawyers will also find the example cases useful, especially for refining and restructuring perception about innovation in competition law.
The Roles of International Law in Development
by Siobhan McInerney-Lankford Robert McCorquodaleThe Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.
The Roles of International Law in Development
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates the significant and multifaceted roles that international law plays in development. Bringing together a collection of perspectives from contributors working across multiple fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. This includes chapters on human rights, gender equality, race and discrimination, environmental law and climate change, forced displacement and migration, and international trade and investment. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied to development activities. A foundational premise of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development law and policy comprise a 'self-contained' regime or that development is undertaken in a legal vacuum. The proposed systematic grounding in public international law would in turn help uphold international legal accountability in the context of development activities.
The Roles of Law and Politics in China's Development
by Guanghua YuThis book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development. Chapters explore the relationship between democracy and mechanisms of property rights protection, financial market, rule of law, and human capital accumulation. The author goes on to examine the persistence of authoritarianism, democracy and economic development and the concept of deliberative democracy. This book concludes with a look at future options for China, from political, economic and rule of law perspectives. The book considers China’s current political regime and analyzes the likely political and constitutional law reforms that are not only conducive to China’s economic development but also beneficial to the enhancement of freedom. Some knowledge of the Chinese legal system, economy, and political institutions is assumed, making this book valuable to those requiring a deeper understanding of the subject. The book will appeal to legal scholars and lawyers requiring an understanding of the impact of the Chinese legal system on China’s economic and political development and to scholars and students in political science and economics with an interest in China’s institutional change. Policy makers and administrators with an interest in policy and law making in China will also find this book valuable.
The Roles of Psychology in International Arbitration
by Tony ColeThe system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.
Rolling out the Manifesto for Labour Law (PDF)
by K D Ewing John Hendy & Carolyn JonesPower in society, and in the workplace, has become increasingly concentrated in the hands of an elite few at the expense of the many. Today, the vast majority of workers have no say over their pay, conditions and the hours they work. The world of work has changed dramatically in the last few decades, particularly in the last few years. But the reality is there is very little difference between workers queuing up forty years ago, hoping to get a day’s work, and the people waiting for a text from their agency hoping for a shift for that day.
The Roma and the Holocaust: The Romani Genocide under Nazism (Perspectives on the Holocaust)
by Professor María SierraHalf a million European Roma were exterminated by the Nazi regime; many more were subjected to a policy of racial discrimination similar to that suffered by the Jewish people. However, the persecution and torment of Roma in Hitler's Europe has little presence in the history books. The Roma and the Holocaust places the Roma genocide in the context of the widespread violence of the Second World War, while offering an explanation that places it within a broader trajectory of anti-Roma persecution in modern societies.The book explores the separation and destruction of families, the sterilisation of adults and children, the plunder of property and deprivation of livelihoods, slave labour, medical experiments, the horror of extermination camps and the mass murder that the Romani people were subjected to. María Sierra uses the first section of the book to provide a much-needed critical overview and synthesis of the fragmented research and scholarship in the area that has been conducted in various languages. In the second section, Sierra shines a light the autobiographical accounts of several Roma survivors of the Nazi genocide in order for the voices of the victims who have claimed recognition and rights for the Roma people to be heard. This journey through the memories of Philomena Franz, Ceija Stojka, Lily Van Angeren, Otto Rosenberg, Walter Winter and Ewald Hanstein, in addition to other testimonies, is contextualized within the framework of other Holocaust survivors' memoirs and has been approached from a history of emotions perspective.With the Romani people having been denied recognition as victims of Nazism after the end of the war, this book crucially helps to bring about agency for the survivors, supporting their struggle for the right to memory in the process.
The Roma and the Holocaust: The Romani Genocide under Nazism (Perspectives on the Holocaust)
by Professor María SierraHalf a million European Roma were exterminated by the Nazi regime; many more were subjected to a policy of racial discrimination similar to that suffered by the Jewish people. However, the persecution and torment of Roma in Hitler's Europe has little presence in the history books. The Roma and the Holocaust places the Roma genocide in the context of the widespread violence of the Second World War, while offering an explanation that places it within a broader trajectory of anti-Roma persecution in modern societies.The book explores the separation and destruction of families, the sterilisation of adults and children, the plunder of property and deprivation of livelihoods, slave labour, medical experiments, the horror of extermination camps and the mass murder that the Romani people were subjected to. María Sierra uses the first section of the book to provide a much-needed critical overview and synthesis of the fragmented research and scholarship in the area that has been conducted in various languages. In the second section, Sierra shines a light the autobiographical accounts of several Roma survivors of the Nazi genocide in order for the voices of the victims who have claimed recognition and rights for the Roma people to be heard. This journey through the memories of Philomena Franz, Ceija Stojka, Lily Van Angeren, Otto Rosenberg, Walter Winter and Ewald Hanstein, in addition to other testimonies, is contextualized within the framework of other Holocaust survivors' memoirs and has been approached from a history of emotions perspective.With the Romani people having been denied recognition as victims of Nazism after the end of the war, this book crucially helps to bring about agency for the survivors, supporting their struggle for the right to memory in the process.
Roman Inequality: Affluent Slaves, Businesswomen, Legal Fictions
by Edward E. CohenRoman Inequality explores how in Rome in the first and second centuries CE a number of male and female slaves, and some free women, prospered in business amidst a population of generally impoverished free inhabitants and of impecunious enslaved residents. Edward E. Cohen focuses on two anomalies to which only minimal academic attention has been previously directed: (1) the paradox of a Roman economy dependent on enslaved entrepreneurs who functioned, and often achieved considerable personal affluence, within a legal system that supposedly deprived unfree persons of all legal capacity and human rights; (2) the incongruity of the importance and accomplishments of Roman businesswomen, both free and slave, successfully operating under legal rules that in many aspects discriminated against women, but in commercial matters were in principle gender-blind and in practice generated egalitarian juridical conditions that often trumped gender-discriminatory customs. This book also examines the casuistry through which Roman jurists created "legal fictions" facilitating a commercial reality utterly incompatible with the fundamental precepts--inherently discriminatory against women and slaves---that Roman legal experts ("jurisprudents") continued explicitly to insist upon. Moreover, slaves' acquisition of wealth was actually aided by a surprising preferential orientation of the legal system: Roman law--to modern Western eyes counter-intuitively--in reality privileged servile enterprise, to the detriment of free enterprise. Beyond its anticipated audience of economic historians and students and scholars of classical antiquity, especially of Roman history and law, Roman Inequality will appeal to all persons working on or interested in gender and liberation issues.
Roman Inequality: Affluent Slaves, Businesswomen, Legal Fictions
by Edward E. CohenRoman Inequality explores how in Rome in the first and second centuries CE a number of male and female slaves, and some free women, prospered in business amidst a population of generally impoverished free inhabitants and of impecunious enslaved residents. Edward E. Cohen focuses on two anomalies to which only minimal academic attention has been previously directed: (1) the paradox of a Roman economy dependent on enslaved entrepreneurs who functioned, and often achieved considerable personal affluence, within a legal system that supposedly deprived unfree persons of all legal capacity and human rights; (2) the incongruity of the importance and accomplishments of Roman businesswomen, both free and slave, successfully operating under legal rules that in many aspects discriminated against women, but in commercial matters were in principle gender-blind and in practice generated egalitarian juridical conditions that often trumped gender-discriminatory customs. This book also examines the casuistry through which Roman jurists created "legal fictions" facilitating a commercial reality utterly incompatible with the fundamental precepts--inherently discriminatory against women and slaves---that Roman legal experts ("jurisprudents") continued explicitly to insist upon. Moreover, slaves' acquisition of wealth was actually aided by a surprising preferential orientation of the legal system: Roman law--to modern Western eyes counter-intuitively--in reality privileged servile enterprise, to the detriment of free enterprise. Beyond its anticipated audience of economic historians and students and scholars of classical antiquity, especially of Roman history and law, Roman Inequality will appeal to all persons working on or interested in gender and liberation issues.
Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes (Oxford Studies in Roman Society & Law)
by Dennis P. Kehoe Giuseppe Dari-MattiacciAncient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes (Oxford Studies in Roman Society & Law)
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.