Arctic Song by
This poetic journey through Inuit oral history gives a glimpse of traditional beliefs surrounding the creation of the world. From the creation of day and night and the Sun and the Moon, to the origin of Death, this collection of simple retellings is richly supported by the artwork of acclaimed artist Germaine Arnattaujuq. Featuring a foreword by the artist about her work illustrating Inuit myths and legends, this introduction to traditional Inuit stories is based on the animated film Arctic Song, which was co-produced and co-directed by Germaine Arnattaujuq and Neil Christopher.
Conscience and rights by
In this special issue, we attempt to take a fresh look at the nature and authority of conscience, and to consider the extent to which the law should recognize claims of conscience. Most of the papers included here developed from drafts presented at the IVR World Congress in Bucharest, Romania in 2022. Other papers were solicited from qualified individuals unable to attend that event in person. The contributions have been curated into three main sections, moving from more general philosophical questions, to fundamental jurisprudential concerns, and then to specific dilemmas of conscience we face today. On paper, the 1982 Canadian Charter of Rights and Freedoms provides expansive, constitutional protections for freedom of conscience. Yet, as Janet Epp Buckingham argues, when put to the test, courts have typically permitted major infringements of rights of conscience. Legal challenges based on conscientious objections to blood transfusions, military service, solemnizing same-sex marriages, and participating in activities sanctioned by MAID laws have routinely been struck down by courts, and this calls into question the practical significance of the Charter. The Charter is an impressive legal achievement, but more work needs to be done to make a reality of its admirable aim to protect rights of conscience and fundamental liberties."
Criminalized Lives by
Canada has been known as a hot spot for HIV criminalization where the act of not disclosing one's HIV-positive status to sex partners has historically been regarded as a serious criminal offence. Criminalized Lives describes how this approach has disproportionately harmed the poor, Black and Indigenous people, gay men, and women in Canada. In this book, people who have been criminally accused of not disclosing their HIV-positive status, detail the many complexities of disclosure, and the violence that results from being criminalized. Accompanied by portraits from artist Eric Kostiuk Williams, the profiles examine whether the criminal legal system is really prepared to handle the nuances and ethical dilemmas faced everyday by people living with HIV. By offering personal stories of people who have faced criminalization first-hand, Alexander McClelland questions common assumptions about HIV, the role of punishment, and the violence that results from the criminal legal system's legacy of categorizing people as either victims or perpetrators. Note: A regrettable error appears on page 22. The number 240 should be 206 when referring to the number of people prosecuted in relation to allegations of HIV nondisclosure. This will be fixed in future reprints.
Critical Wage Theory by
In this highly original and personal book, Ruben J. Garcia argues forcefully that we must center the minimum wage as a tool for fighting structural racism. Employing the lessons of critical race theory to show how low minimum wages and underenforcement of workplace laws have always been features of our racially stratified society, Garcia explains why we must follow the leadership of social movements by treating increases in minimum wage levels and enforcement as matters of racial justice. Offering solutions that would benefit all workers, especially the immigrants and people of color most often made victims of wage theft, Critical Wage Theory is essential reading for anyone who seeks a more just future for the working class.
Family law : practice and procedure ; Sixth edition. by
"The text gives students a detailed foundation of family law in Ontario and presents a comprehensive overview of both substantive law and practice and procedure in the area and offers a special focus on the practical skills that law clerks require in a family law practice. The new edition will address the amendments to the Divorce Act that will be coming into force on March 1, 2021.
Find Your Landing Zone by
Are you are bit restless--satisfied with life and career but concerned you are being shaped by your surroundings? Do you avoid serious discussion about retirement because you don't know what to do if not lawyering? Have you thought about slowing down but don't know where to start? Would you like to pursue other interests? Find Your Landing Zone is a combination of tools, advice, and inspiring stories that will spark the motivation you need to launch a new career, slow down a bit, or embark upon retirement. You will learn: To look change in the eye--and embrace it That you don't need a mountain of money to switch gears Ideas for negotiating your exit plan with management Tips for solo and small firm practitioners who are thinking about what's next How to progress from thinking about the future to making it happen Find Your Landing Zone will prepare you for a fulfilling life beyond the practice of law.
Getting to Maybe, 2nd ed. by
This well-known book recognizes that law exams test legal reasoning and that legal reasoning cannot be reduced to any simple "check the boxes" template. It offers a clear, readable, and often humorous guide to how lawyers and judges deploy legal reasoning in real-world disputes and how law professors test such disputes -and the reasoning required to resolve them- on law exams.
The Official Record by
The construction, control and preservation of the Official Record is inherently contested. Those seeking greater openness and (democratic) accountability argue 'sunlight is [...] the best of disinfectants', while others seek stricter information control because, to their mind, sound government arises when advice and policy are formulated secretly. This edited volume explores the intersection of the Official Record, oversight, national security and democracy. Through US, UK and Canadian case studies, this volume will benefit higher level undergraduate readers and above to explore the Official Record in the context of the national security operations of democratic states. All chapters are research-based pieces of original writing that feature a document appendix containing primary documents (often excerpts) that are key to a chapter's narrative. As a result, this book interrogates the boundaries between national security, accountability, oversight, and the Official Record.
On the Turtle's Back by
The Lenape tribe, also known as the Delaware Nation, lived for centuries on the land that English colonists later called New Jersey. But once America gained its independence, they were forced to move further west: to Indiana, then Missouri, and finally to the territory that became Oklahoma. These reluctant migrants were not able to carry much from their ancestral homeland, but they managed to preserve the stories that had been passed down for generations. On the Turtle's Back is the first collection of Lenape folklore, originally compiled by anthropologist M. R. Harrington over a century ago but never published until now. In it, the Delaware share their cherished tales about the world's creation, epic heroes, and ordinary human foibles. It features stories told to Harrington by two Lenape couples, Julius and Minnie Fouts and Charles and Susan Elkhair, who sought to officially record their legends before their language and cultural traditions died out. More recent interviews with Lenape elders are also included, as their reflections on hearing these stories as children speak to the status of the tribe and its culture today. Together, they welcome you into their rich and wondrous imaginative world.
The recognition of two official languages in Canada by
The object of this book is to explain the nature of language rights and their importance in Canada's constitutional history. It is intended to educate anyone with an interest in public policy, whether they are students, lawyers, or policy makers, and to inspire in readers a willingness to promote justice in language policies, however best they can. The first chapter presents a list of current language rights in Canada and explains some of the interpretative principles that must be used when analyzing these rights. The next three chapters examine the history of language rights as part of the history of Canada, starting with the pre-Confederation period, then with the first few decades following Confederation, and lastly, the period from the Bilingualism and Biculturalism Commission to today. The final chapter discusses language rights issues present in Canada today, from education to immigration, and will look at some proposed legislative reforms
Traditional knowledge and skills as a business by 
Unikkaaqtuat: an Introduction to Inuit Myths and Legends by
Unikkaaqtuat is the Inuktitut word meaning "to tell stories." This definitive collection of Inuit legends is thoughtfully introduced and carefully annotated to provide the historical and cultural context in which to understand this rich oral tradition. Fascinating and educational, this little-known part of Canada's heritage will captivate readers of all ages. As a work of historical and cultural preservation, this textbook will be invaluable to those studying Inuit.
Water Confidential by
In Water Confidential, Susan Blacklin (formerly Sue Peterson) revisits the important work of her late ex-husband, Dr. Hans Peterson. Beginning in 1996, Peterson, growing frustrated with his work in government funded research in Saskatchewan, brought attention to the desperate need for equal access to safe drinking water after a health inspector encouraged him to visit the Yellow Quill First Nation. In response to the issue, he developed biological technology for effective water treatment, still in use today. Peterson and Blacklin joined forces with scientists from around the world to establish the registered national charity, the Safe Drinking Water Foundation. The SDWF developed accredited education programs for schools across Canada, while also educating the general public and Water Treatment Operators from Indigenous communities. Advocacy became a high priority when they discovered a variety of challenges to their mission, including questionable government practices that were blocking the reality of safe drinking water in First Nations communities. As committed activists, it became their life's work to ensure that access to Peterson's technology was available to all rural and First Nations communities. Thirty years later, the majority of First Nations communities in Canada continue to face atrocious health issues as a result of unsafe drinking water. Blacklin, now retired, shares her deep concerns at the indifference, corruption, and lack of due diligence from all levels of government in response to the safe water movement. She echoes the work of the SDWF stating that Canada needs to implement federal drinking water regulations, and that a responsible government should use rather than abuse science when accurately determining Boil Water Advisories and addressing the deplorable state of access to potable water. In this passionate and timely memoir, Blacklin shares her experiences with fundraising, activism and lobbying work. She reveals the complexities of negotiating between cultures, communities and the provincial and federal government. Blacklin emphasizes that ensuring safe drinking water to each and every First Nations community should be the top priority toward reconciliation with Indigenous people of Canada.
Commercial Agreements by
Presenting a unique conceptual framework for interpreting and improving commercial agreements, this book marries a sound theoretical foundation with practical strategies for negotiating, drafting, advising on, and litigating such agreements. Using examples from Singapore jurisprudence to demonstrate how universal principles can be applied in diverse jurisdictional settings, the book examines the cultural and commercial contexts that underpin a multitude of business agreements - such as those relating to the supply of goods, distribution, and franchising - and illustrates how nuances of language are essential in the interpretation and translation of contracts. Key Features: Critiques common contractual language from both a litigation and transaction standpoint Argues that commercial agreements are the product of 'language-games' played between parties Provides practical guidance on the intricacies of drafting and interpreting commercial agreements Outlines a comprehensive framework integrating diverse approaches which can be operationalized in the courtroom and in the boardroom This book is an essential resource for legal professionals including commercial law advisors, in-house counsel, litigators, and transactional lawyers. The conceptual approach also makes it attractive for scholars and students in commercial law and Asian law.
Research Handbook on Sustainability and Competition Law by
This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes. The Research Handbook presents a detailed overview of various policy questions surrounding sustainability and antitrust law - considering their economic, legal, and institutional aspects - and includes diverse jurisdictional perspectives which highlight the many nuances in this increasingly relevant interface. The Research Handbook on Sustainability and Competition Lawis an essential resource for academics, researchers, and students of competition and antitrust law and environmental law. Its in-depth exploration of economic analysis, policy perspectives, and different legal avenues also make it an invaluable resource for legal professionals, policymakers, and government officials.
Beyond Bilateralism by
This book reimagines responsibility in international law, establishing the concept of non-bilateral responsibility as an objective legal situation generated by the commission of an internationally wrongful act. It examines the nature, operation and impact of this new form of responsibility, exploring its deep consequences for the legal system. Responding to the increasingly non-bilateralist nature of international law, the book argues that the legal model of state obligations is outdated. It draws on legal theory, the law of state responsibility and international dispute settlement mechanisms to outline non-bilateral responsibility as a structurally distinct concept. The book covers the incompatibility of current legal systems with the idea of non-bilateral responsibility in areas such as environmental and human rights law, and analyses complex developments towards non-bilateral obligations. Ultimately, it offers a fresh look at the nature of international legal responsibility, addressing foundational questions in international law. Providing an accessible overview of the key issues surrounding non-bilateral obligations and responsibility, Beyond Bilateralismis an essential resource for students and scholars of international law and legal theory. It will also be of interest to legal practitioners interested in the future of state obligations.
Competition Law and Intellectual Property Rights by
This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights (IPRs). Beginning with a primer on the general principles that underpin intellectual property and competition law, the book then provides exhaustive coverage of the application of Article 101 TFEU on anticompetitive agreements to IP licensing. Detailed treatment of licensing agreements includes; agreements under the Technology Transfer Block Exemption regulation (TTBER); agreements outside of the scope of the TTBER, such as multilateral licences, pooling agreements and settlement agreements; horizontal agreements such as those relating to R&D; and vertical agreements such as those relating to distribution and franchising. Extensive analysis of the application of Article 102 TFEU on abuse of dominance provides clarity on when and how conduct relating to IPRs might infringe Article 102. This is followed by a chapter dedicated to the EU merger control regime and its implications for IPRs, including their role in merger remedies. Whilst there is a focus on the Tech sector throughout, the book also includes a chapter dedicated to the pharmaceutical sector, and finally a chapter on Competition Law standards and FRAND. Key Features: Focus on the Tech and Pharmaceutical sectors Extensive commentary on relevant case law and landmark judgments Coverage of general principles which underpin competition law and IPRs Practical guidance on how lawyers might assess the likelihood of infringement and advise clients accordingly Comprehensive treatment of competition rules relating to licence agreements across Patents, Copyright and Trade Marks EU Competition Law and Intellectual Property Rightsis an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Civic Monitoring for Environmental Law Enforcement by
This book presents a thought-provoking inquiry demonstrating how civic environmental monitoring can support law enforcement. It provides an in-depth analysis of applicable legal frameworks and conventions such as the Aarhus Convention, with an enlightening discussion on the civic right to contribute environmental information. Civic Monitoring for Environmental Law Enforcementdiscusses multi- and interdisciplinary research into how civil society uses monitoring techniques to gather evidence of environmental issues. The book argues that civic monitoring is a constructive approach for finding evidence of environmental wrongdoings and for leveraging this evidence in different institutional fora, including judicial proceedings and official reporting for environmental protection agencies. It also reveals the challenges and implications associated with a greater reliance on civic monitoring practices by institutions and society at large. Adopting original methodological approaches to drive inspiration for further research, this book is an invaluable resource for students and scholars of environmental governance and regulation, environmental law, politics and policy, and science and technology studies. It is also beneficial to civil society actors, civic initiatives, legal practitioners, and policymakers working in institutions engaged in the application of environmental law.
Indigenous rights, climate change and governance : measuring success and data by
"This vital book traverses the ongoing challenges faced by Indigenous peoples in the pursuit of their fundamental right to self-determination. Set against the backdrop of issues such as climate change, governance, space and data, it explores the intersection between Indigenous rights and land, territories and resources. Indigenous peoples are particularly vulnerable to the adverse effects of climate change, and Valmaine Toki outlines its critical impact on political and economic marginalization, loss of land and resources, and human rights violations and discrimination. She advocates for the meaningful inclusion of an Indigenous worldview within climate change approaches, governing bodies and a right to space. In the fast-changing world of artificial intelligence, Toki examines how Indigenous knowledge and data can be applied to ameliorate the adverse consequences of climate change, in doing so emphasizing the importance of Indigenous data sovereignty and governance. Thought-provoking and topical, this book is invaluable for students, scholars and policymakers involved in Indigenous rights, human rights law, climate change, and environmental governance and regulation
Advanced Introduction to US First Amendment Law by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction discusses the scope of US First Amendment law, considering the available tools and approaches for thinking about constitutional problems involving the government's regulation of speech, religion, and more. Focusing specifically on the First Amendment as interpreted by the US Supreme Court, it explores the evolution and implementation of the doctrine regarding the freedoms of speech, press, petition, assembly, association, and religion. Key Features: Examines the strengths and weaknesses of various methods used to interpret the First Amendment Identifies key concepts and principles for understanding the protections provided by the First Amendment Explores the ways in which First Amendment law has developed over time, particularly in relation to changes in technology, politics, and the Supreme Court's membership Illustrates the development of the Supreme Court's thinking about First Amendment issues from the 18th into the 21st centuries Providing an accessible and informative overview of the First Amendment, this Advanced Introduction is an essential resource for undergraduate and graduate students in constitutional and administrative law. It is also a helpful guide to First Amendment law for legal practitioners and professionals, and for those generally curious about this critically important set of constitutional protections.
Taxation, Citizenship and Democracy in the 21st Century by
Proposing innovative ideas on the links between taxation, citizenship and democracy, this multidisciplinary book contributes to ongoing research and scholarship by emphasizing the importance of taxation to the functioning of modern democracy. This book provides methodological and theoretical research tools from various disciplines such as law, economics and sociology. It considers, among other research questions, the disciplinary boundaries surrounding taxation, citizenship and democracy; the taxation of migrants in an era of globalization; and the role of procedural safeguards in legitimizing the use of automated risk management systems. Featuring contemporary case studies from the perspectives of taxpayers, legislators and tax administrations, it presents new perspectives on capital migration, social security and noncitizen farmworkers, as well as cooperative compliance policies in Nordic countries. Examining the tax systems of a number of countries across the globe, this book is an essential resource for scholars of constitutional and administrative law, economics of social policy, inequality, tax law and fiscal policy, and welfare states. It will also be a helpful resource for students in these disciplines.
Research Handbook on Environmental Crimes and Criminal Enforcement by
This Research Handbook thoroughly examines the difficult and rapidly expanding problem of national, transnational, and international environmental crimes, including air and water pollution, unlawful mining and timber harvesting, and trafficking of endangered species. It provides an understanding of cutting-edge empirical and theoretical research on these crimes and their legal prosecution. Pre-eminent experts in the field meticulously examine the relevant criminal law and environmental law and its enforcement in a range of regions across Africa, Asia, Europe, and North and South America. They consider the significant obstacles to effective prosecution including government corruption, inadequate resources, and governance failures. Ultimately, the cross-disciplinary chapters build upon current research to present unique insights and raise important questions about the past, present, and future of green criminology. This timely Research Handbook is a crucial reference point for students and scholars of environmental law, criminology, and criminal justice. It also appeals to those interested in sustainability, environmental harms and crimes, and corporate behaviour.
Research Handbook on Health, AI and the Law by
The Research Handbook on Health, AI and the Lawexplores the use of AI in healthcare, identifying the important laws and ethical issues that arise from its use. Adopting an international approach, it analyses the varying responses of multiple jurisdictions to the use of AI and examines the influence of major religious and secular ethical traditions. Bringing together a diverse range of carefully selected legal experts, the Research Handbook critically assesses the different uses of AI in healthcare and its promise to provide greater accuracy for healthcare professionals and patients by diagnosing diseases and detecting illness earlier and helping hospitals run more efficiently. It also highlights a series of legal and ethical challenges AI raises relating to bias, privacy, data security, medical liability, informed consent and intellectual property. AI governance is rigorously examined in countries across the globe spanning Asia, Europe and the US while different responses from international organisations towards AI in healthcare are also evaluated. This Research Handbook is a key resource for scholars and law students and for those interested in current and developing legal paradigms. Its legal and practical dimensions will also be beneficial to lawyers practising in health law and internet and technology law, policymakers and medical professionals.
Violated : Sexual Consent and Assault in the Twenty-First Century ; 1st ed. by
Statistically speaking, you or someone you know has experienced a sexual violation. There’s also a high chance that you or someone you know caused one. Perhaps these incidents had a clear perpetrator and victim. Or maybe you’ve encountered one of the more complicated situations where it’s not quite so obvious that one person intentionally hurt another. Violated focuses on that messy place of unintentional, thoughtless, or perhaps even reckless consent violations. It challenges us to rethink the way gender and dating norms, intentionality, and intoxication have come to frame our social understanding of sexual consent and discusses what you, your organizations, and your government can do to help reduce the scope of sexual violation. But more than anything, this book argues that we need to develop more realistic models of “good consent” for the world we actually live in.
The supreme guide to writing by
The Supreme Guide to Writing', law professor Jill Barton cuts through competing advice to detail definitive grammar rules based on the nation's unequivocal authority: the U.S. Supreme Court. The book details a revolution in legal writing, with the justices progressing beyond the drab and technical for the deft and lyrical. With the first-ever analysis of 10,000 pages of Court opinions, the book pinpoints grammar and style rules that the justices follow - and describes the outdated rules they leave behind.
The right to legal personhood of marginalised groups : achieving equal recognition before the law for all by
This text argues that equal recognition before the law is the key to achieving social equality for marginalised groups. It examines how the law denies equal recognition to members of marginalised groups through denials of their legal personhood and legal agency and how we can use human rights law to address these wrongs.
The Oxford handbook of the law of work by
Includes index.
This handbook brings together a collection of academics and practitioners to consider cutting edge research in 'the law of work'. The book is split into four parts, which consider fundamentals, core concerns, international and transnational law dimensions, and the overarching themes of the subject.
Labour law utopias : post-growth and post-productive work approaches by
Labour Law Utopias' engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. It explores alternative approaches and what those would mean for work in general, and labour law in particular.
Legal reform in the contemporary socialist world by
'Legal Reform in the Contemporary Socialist World' explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically.
The game that never ends : how lawyers shape the videogame industry by
Mailland places lawyers and the law at the center of the history of videogames, reconstructing traditional histories of games to include the social impact of lawyers and the law"
The Dark Past by
For most of its existence, the US Supreme Court has sustained slavery, racial discrimination, segregation, racial inequality, and white preference through constitutional interpretation and legal doctrine. During America's first two centuries, slavery was the law of the land. The Court initially avoided challenging it, and in 1857, it seemed that the justices were committed to defending it with the disastrous Dred Scott decision, which denied that Black Americans could claim any rights under the Constitution. The Court also failed to sustain Congress's effort to accord rights and status to Black Americans during Reconstruction, and it accepted white supremacy in the 1896 decision in Plessy v. Ferguson, which ratified the doctrine of "separate but equal." It did better in the Civil Rights Era, 1954-1972, but then again retreated in the face of political backlash. The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality-most recently exhibited in the Shelby County v. Holder (2015) decision, which hobbled the Voting Rights Act. Throughout the six hundred volumes of the United States Reports the justices have almost never alluded to the reality of racism or used words that denote it. Only once has the phrase "white supremacy" appeared in an opinion of the Court, and only thirty or so times has a member of the Court referred to "racism." The Dark Past, on the other hand, incorporates structural racism as a principal definition of inequality in the contemporary Black legal experience as it updates and enlarges our understanding of how the legal foundations of inequality structure American society.
Party status to armed conflict in international law by
The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's 'Party Status to Armed Conflict in International Law' explores why it matters and how it is established that a state, international organization or armed group is a party to an armed conflict.
Overlapping individual and interstate claims in international law by
Focused on the relationship between individual and interstate claims under international law, this volume provides a comprehensive survey of the potential for such overlapping claims to arise and explores, through a rigorous analysis of the law of State responsibility, how public international law regulates that overlap.
Relational justice : a theory of private law by
This text offers an innovative and comprehensive theory of private law as the law governing our relationships with one another in our capacity as private individuals rather than as citizens.
International law and the principle of non-intervention : history, theory, and interactions with other principles by
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. This book solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic
Jurisprudence in the mirror : the common law world meets the civil law world by
Includes index.
This title presents the major achievements of contemporary civil law jurisprudence to the common law world, bridging the gap in analytic jurisprudence as it is currently practiced in the two traditions.
On arbitration : V.V. Veeder QC, selected writings and contributions to the development of law by
This volume brings together the most important articles, lectures, and essays of Van Vechten (Johnny) Veeder, chronicling the span of his unsurpassed career in international arbitration.
Oxford Studies in Philosophy of Law Volume 5 by
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Recognition of states in international law by
Drawing on an analysis of contested States like Palestine and Ukraine, this book seeks to ascertain the normative value and effects of recognition in various situations. It also provides an updated overview of the history of recognition, the positions of various governments, and a critical summary of domestic and international jurisprudence.
Aligning Election Law by
Alignment between governmental outputs and popular preferences is a core democratic value. For the people genuinely to rule, their government should heed their wishes. Yet alignment is not appreciated by election law scholarship, much of which focuses on other democratic goals. Nor do the courts consider alignment when deciding election law cases. Aligning Election Law fills this gap, providing a new theoretical perspective on election law and showing how alignment theory would operate in practice, in both litigation and legislation. Nicholas O. Stephanopoulos examines alignment from a variety of angles, including its democratic value, its place in legal doctrine, its rarity in modern American politics, and its application to particular election law topics. The book also engages with issues facing American constitutional law and society, including voting restrictions, political parties, partisan gerrymandering, minority representation, and campaign finance, and how alignment theory would tackle these. The book's orientation is normative, suggesting how judicial (and nonjudicial) institutions should approach electoral regulations, not how they have addressed them in the past. By thoroughly canvassing the democratic theory, empirical political science, and election law literatures, the book argues that alignment should be a tenet of the law of democracy. According, Aligning Election Law will be valuable not just to scholars, students, and practitioners of election law, but to anyone wishing to understand how the law of democracy could better achieve the values of democracy.
Philosophical foundations of private international law by
This text analyses transnational legal questions philosophically to show that the analytical structure and the techniques of private international law have their own legal and moral philosophical foundation.
The law and politics of international human rights courts : the dilemma of effectiveness by
This text describes and analyzes the law and politics of international human rights courts, focusing on the extent to which the courts have strengthened the protection of human rights in international and national systems, and at times, have engendered political backlash against their efforts.
Common Law Liberalism by
In conventional political philosophy, law is understood as consciously created rules that are a necessary mechanism for regulating the excesses of the free market. Although coercive in nature, law is seen as a necessary defense against anarchy. But is the situation that simple? In his examination of the purpose and functioning of the legal system, John Hasnas challenges this false dichotomy, presenting a new theory of liberalism that demonstrates that the common law can serve as an effective alternative to traditional politically created legislation. Hasnas argues that there are options beyond the unregulated market or a market regulated by consciously created government law. Instead, he suggests, law can arise through a process of unplanned evolution in which those subject to law are bound, but not by the will of any identifiable human beings. Anglo-American common law, which evolved without a guiding human intelligence, showcases this. Over the centuries of its development, the common law process created the rules of contract, property, tort, and commercial law that define key aspects of liberal society. Common law's decentralized and continually evolving nature renders it resistant to political rent-seeking and responsive to changing economic and social conditions--allowing it to adapt to the needs of those it serves to protect, rather than to the desires of a powerful few. Hasnas suggests that while the enforcement of law may involve coercion, law in and of itself is not destined to be a vehicle for domination. Common Law Liberalism demonstrates that the common law can provide all rules necessary to sustain a peaceful, prosperous, liberal society--without intervention by politically created legislation and the exploitation and oppression it so often engenders.
Compliance with European Consumer Law by
European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
The International Arbitration of Territorial Disputes by
Asaf Siniver provides a systematic and comparative analysis of the role of international arbitration in the settlement of interstate territorial disputes. He engages with International Relations (IR) and International Law (IL) scholarships to locate the unique characteristics of arbitration as a legal method of dispute settlement, distinct from the other legal method of adjudication ('judicial settlement') and diplomatic methods such as negotiation and mediation. A novel framework examines both political and legal dimensions to analyse (i) under what conditions states are more likely to pursue a legal settlement of their territorial dispute via arbitration as opposed to the more popular diplomatic method of mediation, and (ii) what explains compliance with, or defiance of international law in such cases. In so doing, the author sets to reclaim the sui generis nature of arbitration as a unique legal-political method which enables the disputants to maintain the considerable flexibility and autonomy often found in mediation, whilst providing the same final and legally binding solution that adjudication offers. Exploring a wide range of primary sources, including interviews, archival research, and official documents, and employing qualitative research methods, Siniver applies the analytical framework to four contemporary cases of international arbitration: the arbitration over the Rann of Kutch between India and Pakistan (1966-68); the Beagle Channel arbitration between Chile and Argentina (1971-77), the Taba arbitration between Egypt and Israel (1986-88), and the South China Sea arbitration between The Philippines and China (2013-16).
Rights and Right-Holding by
Building on many years of scholarship, Matthew H. Kramer sets out his definitive philosophical investigation of rights and rights-holding with this monograph, as he sometimes revisits and modifies his previous positions. Beginning with the analytical schema propounded by the American legal theorist Wesley Hohfeld, the book provides a defence of the proposition that every claim-right with a certain content is correlative to at least one duty with the same content and that every duty with a certain content is correlative to at least one claim-right with the same content. The volume then addresses the longstanding debates over the nature of right-holding, with a sustained defense of the Interest Theory and with some innovative critiques of the Will Theory. Finally, it considers the ethical and analytical questions involved in determining who can hold claim-rights at all. It argues that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, and all future generations of people, along with most non-human animals. Addressing some major topics within moral, legal, and political philosophy, Rights and Right-Holding: A Philosophical Investigation will be a key work for philosophers and academic lawyers alike.
South Asia, the British Empire, and the Rise of Classical Legal Thought by
This book delves into the legal history of colonial governance in South Asia, spanning the period from 1757 to the early 20th century. It traces a notable shift in the way sovereignty, land control, and legal rectification were conceptualized, particularly after 1858. During the early phase of the rule of the East India Company, the focus was on 'the laws' that influenced the administration of justice rather than 'the law' as a comprehensive normative system. The Company's perspective emphasized absolute property rights, particularly concerning land rent, rather than physical control over land. This viewpoint was expressed through the obligation of revenue payment, with property existing somewhat outside the realm of law. This early colonial South Asian legal framework differed significantly from the Anglo-common law tradition, which had already developed a unified and physical concept of property rights as a distinct legal form by the late 18th century. It was only after the transfer of authority from the Company to the British Crown, along with other shifts in the imperial political economy, that the conditions were ripe for 'the law' to emerge as an autonomous and fundamental institutional concept. One of the contributing factors to this transformation was the emergence of classical legal thought. Under Crown rule, two distinct forms of discourse contributed to reshaping the legal ontology around the globalized notion of 'the law' as an independent concept. The book, adopting a historical approach to jurisprudence, categorizes these forms as doctrinal discourse, which could articulate propositions of the law with practical and administrative qualities, and ordinary language discourse, which conveyed ideas about the law, including in the public domain.
Deference in Human Rights Adjudication by
In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, it offers guidelines for judges who wish to apply its theoretical arguments. As such, Deference in Human Rights Adjudication will enable human rights adjudication to be more principled and in line with the rule of law and separation of powers. Insightful and pioneering, this book will be an important reference for researchers, teachers, and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.
The Oxford Handbook of Environmental and Natural Resources Law in India by
Environmental law is a broad discipline covering issues such as nature conservation, the prevention or abatement of pollution, and waste management. It also encompasses concerns related to natural resources, such as forests, minerals, and fisheries, and the balance between their use and conservation. India has been at the forefront of jurisprudential developments among countries with similar environmental, geographical, socio-economic, and cultural conditions. Concurrently, the country has been receptive to ideas and principles arising from other parts of the world or from international law. The growth of environmental and natural resources law in India has been sustained in equal measure by growing environmental awareness and the increasingly dire nature of the problems associated with the environment and natural resources, ranging from local issues to the global climate crisis. At the same time, the continuous push for development has not abated, leading to recurrent pressure to weaken existing standards for environmental protection and the management and use of natural resources. The Oxford Handbook of Environmental and Natural Resources Law in India offers the most comprehensive coverage of the diverse and complex discipline of environmental and natural resources law in India over the past fifty years. With forty-two contributions from law and non-law scholars, the Handbook presents diverse perspectives on several areas including biodiversity, climate change, water, forests, agriculture, health, resource extraction, and industrial development. By departing from the existing approach that examines natural resources law and environmental law separately, The Oxford Handbook of Environmental and Natural Resources Law in India offers a much-needed integrated analysis of the development of domestic jurisprudence vis-à-vis the environment and natural resources.