A Theory of National and International Courts
Author: Shai Dothan
Publisher: Cambridge University Press
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Author: Patrick Capps,Shaun D Pattinson
Publisher: Bloomsbury Publishing
What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding.
A Comparative Theory
Author: Nuno Garoupa,Tom Ginsburg
Publisher: University of Chicago Press
In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Israel und die geheimen Tötungskommandos des Mossad - Ein SPIEGEL-Buch
Author: Ronen Bergman
Von der Staatsgründung Israels bis heute - die erste umfassende Geschichte der geheimen Tötungskommandos des Mossad Mordanschläge, die dem israelischen Geheimdienst Mossad zugeschrieben werden, sorgen immer wieder für Aufsehen. Doch über die Hintergründe dieser Aktionen war bislang kaum etwas bekannt. In seinem packend geschriebenen Enthüllungsbuch deckt der israelische Geheimdienstexperte Ronen Bergman nun erstmals die ganze Dimension eines Schattenkriegs auf, der seit Jahrzehnten im Geheimen ausgetragen wird. Er beschreibt die Erfolge und Misserfolge der zum Teil unbekannten Attentate, benennt Opfer, Täter und Verantwortliche und fragt, welchen Preis Staat und Gesellschaft in Israel für ihre Sicherheit bezahlen.
A Comparative Study
Author: Andrew Harding
Publisher: Martinus Nijhoff Publishers
Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.
Author: Erica Charters,Eve Rosenhaft,Hannah Smith
Publisher: Liverpool University Press
Civilians and War in Europe 1618-1815 examines the relationship between civilians and warfare from the start of the Thirty Years War to the end of the Revolutionary and Napoleonic Wars. The volume interrogates received narratives of warfare that identify the development of modern 'total' war with the French Revolutionary and Napoleonic Wars, and instead considers the continuities and transformations in warfare over the course of two hundred years. The contributors examine prisoners of war, the cultures of plunder, the tensions of billeting, and war-time atrocities throughout England, France, Spain, and the German territories. They also explore the legal practices surrounding the conduct and aftermath of war; representations of civilians, soldiers, and militias; and the philosophical underpinnings of warfare. They probe what it meant to be a civilian in territories beset by invasion and civil war or in times when 'peace' at home was accompanied by almost continuous military engagement abroad. Their accounts show us civilians not only as anguished sufferers, but also directly involved with war: fighting back with shocking violence, profiting from war-time needs, and negotiating for material and social redress. And they show us individuals and societies coming to terms with the moral and political challenges posed by the business of drawing lines between 'civilians' and 'soldiers'. With contributors drawn from the fields of political and legal theory, literature and the visual arts, and military, political, social, and cultural history, this volume will appeal to all those with an interest in the history of warfare and the evolution of the idea of the civilian.
Author: John Dugard
Publisher: Princeton University Press
As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Story of the 28Th Amendment
Author: Rick Sirmon
Publisher: Xlibris Corporation
Category: Political Science
In Search of George Washington (The Story of the 28th Amendment) chronicles the amazing flashback that was the "Prairie Fire" that swept the country over 18 months in 2012 and 2013. See how America cried out for Her heroes and Her history and Her heritage and how a strange re-visitation in the mysterious mists of time by the Founders triggered the massive chain of events leading up to "Post 28 America". Business" that had raced away from America, came racing back and business competitiveness that had dimmed - "blazed again - from sea to shining sea". See how pure "free enterprise" unleashed the creativity and abilities of the poor, the unemployed, and the undocumented, to grow and learn and excel. Believe that for maybe the first time that you as one person can make a difference. Plug in and hold on. This is your gateway to the incredible reaches of "The 28th Amendment.
Author: Judith M. Bennett,Ruth Mazo Karras
Publisher: OUP Oxford
The Oxford Handbook of Women and Gender in Medieval Europe provides a comprehensive overview of the gender rules encountered in Europe in the period between approximately 500 and 1500 C.E. The essays collected in this volume speak to interpretative challenges common to all fields of women's and gender history - that is, how best to uncover the experiences of ordinary people from archives formed mainly by and about elite males, and how to combine social histories of lived experiences with cultural histories of gendered discourses and identities. The collection focuses on Western Europe in the Middle Ages but offers some consideration of medieval Islam and Byzantium. The Handbook is structured into seven sections: Christian, Jewish, and Muslim thought; law in theory and practice; domestic life and material culture; labour, land, and economy; bodies and sexualities; gender and holiness; and the interplay of continuity and change throughout the medieval period. It contains material from some of the foremost scholars in this field, and it not only serves as the major reference text in medieval and gender studies, but also provides an agenda for future new research.
Author: Adam Piette
Publisher: Edinburgh University Press
The first reference book to deal so fully and incisively with the cultural representations of war in 20th-century English and US literature and film. The volume covers the two World Wars as well as specific conflicts that generated literary and imaginativ
Hearings Before the United States Senate Committee on the Judiciary, Subcommittee To Investigate the Administration of the Internal Security Act and Other Internal Security Laws, Eighty-Fourth Congress, First Session, Eighty-Fourth Congress, Second Session
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws
Category: Communist strategy
Investigates statements in Harvey M. Matusow's book "False Witness" that he repeatedly gave false information while acting as an informant for congressional committees investigating communist activities.
Author: Cynthia L. Cates,Wayne V. McIntosh
Publisher: Georgetown University Press
Category: Political Science
From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.
A Short History of Reproductive Politics in America
Author: Rickie Solinger
Publisher: NYU Press
A sweeping chronicle of women's battles for reproductive freedom throughout American history, Pregnancy and Power explores the many forces—social, racial, economic, and political—that have shaped women’s reproductive lives in the United States. Leading historian Rickie Solinger argues that a woman’s control over her body involves much more than the right to choose an abortion. Reproductive politics were at play when slaveholders devised breeding schemes, when the U.S. government took Indian children from their families in the nineteenth century, and when doctors pressed Latina women to be sterilized in the 1970s. Tracing the diverse plot lines of women’s reproductive lives throughout American history, Solinger redefines the idea of reproductive freedom, putting race and class at the center of the effort to control sex and pregnancy in America over time. Solinger asks which women have how many children under what circumstances, and shows how reproductive experiences have been encouraged or coerced, rewarded or punished, honored or exploited over the last 250 years. Viewed in this way, the debate over reproductive rights raises questions about access to sex education and prenatal care, about housing laws, about access to citizenship, and about which women lose children to adoption and foster care. Pregnancy and Power shows that a complete understanding of reproductive politics must take into account the many players shaping public policy—lawmakers, educators, employers, clergy, physicians—as well as the consequences for women who obey and resist these policies. Tracing the diverse plotlines of women's reproductive lives throughout American history, Solinger redefines the idea of reproductive freedom, putting race and class at the center of the struggle to control sex and pregnancy in America.
Law, Tactics, and Ethics
Author: Frank Mcclellan
Publisher: Temple University Press
From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits. Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial. Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.