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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.
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.
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.
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.
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 book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate - a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
Women before the court offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.
Examines how medieval people at all social levels thought about law, justice and politics, as well as their role in society. Provides a clear, structured view of judicial developments and experience of litigation in the thirteenth and fourteenth centuries. Offers a new perspective on both law and politics by focusing on the medium of legal consciousness and legal culture.. Makes the specialised area of law accessible for the general reader interested in the medieval period.
An introduction to the ethical and legal dilemmas in nursing practice, this text is designed to provoke the nurse to reflect on the nature of his or her professional obligations and future practice. The authors firstly familiarise the reader with the basic principles of ethical debate and the overall structure of the legal system as it effects nurses. They then address the fundamental dilemmas of nursing practice, such as whether or not paternalism can ever be justified, if patients have the right to die, and what a nurse's response should be to poor professional practice by colleagues. The book aims to enhance the reader's understanding of the issues, and to educate nurses to develop their own skills of reasoning and judgement. ;