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View Rights PortalWolters Kluwer Law & Business delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education.
View Rights PortalThis volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215-1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
We all know that audio engineering is more than just acronyms. But what do they all mean? This practical textbook is designed to meet the special needs of events technicians. The textbook stands out from the crowd because it is designed specifically with the university curriculum and professional needs in mind, making it not only an excellent companion in the classroom, but a useful reference for on the job as well. The author, himself an instructor for special events technicians, covers the ground from physical fundamentals of acoustics and electronics to setting up mixing consoles and sound systems, providing a multitude of useful tips without confusing the reader with extraneous details. A chapter on video technology rounds off the book. Sample calculations put the material in a practical context, and sample problems at the end of each chapter (with solutions in the appendix) help review what has been learned and inspire further thought. Entertaining guest essays provide a broader perspective.
Law across imperial borders offers new perspectives on the complex legal connections between Britain's presence in Western China in the western frontier regions of Yunnan and Xinjiang, and the British colonies of Burma and India. Bringing together a transnational methodology with a social-legal focus, it demonstrates how inter-Asian mobility across frontiers shaped British authority in contested frontier regions of China. It examines the role of a range of actors who helped create, constitute and contest legal practice on the frontier-including consuls, indigenous elites and cultural mediators. The book will be of interest to historians of China, the British Empire in Asia and legal history.
In The Path of the Law, Holmes discusses his personal philosophy on legal practice. The Common Law is a series of lectures that established Holmes's reputation as a witty and articulate writer.
Charitable Hatred offers a challenging new perspective on religious tolerance and intolerance in early modern England. Setting aside traditional models charting a linear progress from persecution to toleration, it emphasises instead the complex interplay between these two impulses in the sixteenth and seventeenth centuries. The book examines the intellectual assumptions that underpinned attitudes towards religious minorities and the institutional structures and legal mechanisms by which they were both repressed and accommodated. It also explores the social realities of prejudice and forbearance, hostility and harmony at the level of the neighbourhood and parish. Simultaneously, it surveys the range of ways in which dissenting churches and groups responded and adapted to official and popular intolerance, investigating how the experience of suffering helped to forge sectarian identities. In analysing the consequences of the advancing pluralism of English society in the wake of the Reformation, this study illuminates the cultural processes that shaped and complicated the conditions of coexistence before and after the Act of Toleration of 1689. ;
In 1660 Charles II was restored to the thrones of England, Scotland and Ireland, but his hold on power was precarious. In particular, Ireland was fundamentally unstable - Catholics formed the majority of the population in a country where Protestantism was the established religion, a state of affairs unique in Europe. It was through the law that the restored Stuart monarchy governed its subjects and its colonial dependencies, and this book examines how Catholics engaged with and experienced English common law primarily through the eyes of Catholic clerics and Gaelic poets. It also examines how Catholics engaged with the Courts and the particular challenges they faced as lawyers. The book draws on an extensive body of primary source materials, including Irish-language poetry and little-used archival material relating to elite Catholic families.
The book offers interdisciplinary analyses of the impact of Brexit on the rights of EU27 citizens in the UK, Britons in the UK and the EU, and third-country nationals. It combines a historical examination of citizenship and migration between the UK, Europe and the Commonwealth with the analysis of policies and of the experiences of the different groups impacted by Brexit. The book discusses Brexit within the larger history and dynamics of UK and EU citizenship and migration. The individual chapters look at how Brexit is transforming the citizenship rights of different groups, including issues of loss of citizenship and experiences of naturalisation. They further examine the fears of the groups impacted, and larger issues of belonging, marginalisation, political orientations and mobilisations that cross legal status, nationality, ethnicity, race and class.
The idea of toleration as the appropriate response to difference has been central to liberal thought since Locke. Although the subject has been widely and variously explored, there has been reluctance to acknowledge the new meaning that current debates on toleration have when compared with those at its origins in the early modern period and with subsequent discussions about pluralism and freedom of expression. This collection starts from a clear recognition of the new terms of the debate. It recognises that a new academic consensus is slowly emerging on a view of tolerance that is reasonable in two senses. Firstly of reflecting the capacity of seeing the other's viewpoint, secondly on the relatively limited extent to which toleration can be granted. It reflects the cross-thematic and cross-disciplinary nature of such discussions, dissecting a number of debates such as liberalism and communitarianism, public and private, multiculturalism and the politics of identity, and a number of disciplines: moral, legal and political philosophy, historical and educational studies, anthropology, sociology and psychology. A group of distinguished authors explore the complexities emerging from the new debate. They scrutinise, with analytical sophistication, the philosophical foundation, the normative content and the broadly political implications of a new culture of toleration for diverse societies. Specific issues considered include the toleration of religious discrimination in employment, city life and community, social ethos, publicity, justice and reason and ethics. The book is unique in resolutely looking forward to the theoretical and practical challenges posed by commitment to a conception of toleration demanding empathy and understanding in an ever-diversifying world. ;
This new edition considers the unifying legal attributes that span vastly differing inter-governmental organisations, from the UN to the EU. A law of international organisations has become established in certain areas, such as legal personality, powers, membership, finance, and decision-making. In other, newer, areas - accountability, responsibility and democracy - politics is still much rawer, and has not yet been fully converted into legal concepts and principles. As with the first edition, there are plenty of examples of organisations given in the text. Individual organisations dealing with issues such as security, health, civil aviation, finance and trade are scrutinised by way of example, to illustrate how different they can be, but also to show how it is possible to debate a set of legal principles that transcend each institution. This new edition of an established text will appeal to students and academics as well as individuals seeking a legal and political insight into international organisations.
In recent years there has been a significant growth in interest of the so-called "law in context" extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
This collection brings together historians, political theorists and literary scholars to provide historical perspectives on the modern debate over freedom of speech, particularly the question of whether limitations might be necessary given religious pluralism and concerns about hate speech. It integrates religion into the history of free speech and rethinks what is sometimes regarded as a coherent tradition of more or less absolutist justifications for free expression. Contributors examine the aims and effectiveness of government policies, the sometimes contingent ways in which freedom of speech became a reality and a wide range of canonical and non-canonical texts in which contemporaries outlined their ideas and ideals. Overall, the book argues that while the period from 1500 to 1850 witnessed considerable change in terms of both ideas and practices, these were more or less distinct from those that characterise modern debates.