University Textbooks Law Books

Interdisciplinary Perspectives on Mortality and its Timings: When is Death? (Palgrave Historical Studies in the Criminal Corpse and its Afterlife)

This book is open access under a CC BY 4.0 license.This volume provides a series of illuminating perspectives on the timings of death, through in-depth studies of Shakespearean tragedy, criminal execution, embalming practices, fears of premature burial, rumours of Adolf Hitler’s survival, and the legal concept of brain death. In doing so, it explores a number of questions, including: how do we know if someone is dead or not? What do people experience at the moment when they die? Is death simply a biological event that comes about in temporal stages of decomposition, or is it a social event defined through cultures, practices, and commemorations? In other words, when exactly is death? Taken together, these contributions explore how death emerges in a series of stages that are uncertain, paradoxical, and socially contested.   

Terrorism, Criminal Law and Politics: The Decline of the Political Offence Exception to Extradition (Transnational Criminal Justice)

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

Dignity in the 21st Century: Middle East and West (SpringerBriefs in Philosophy)

This book is open access under a CC BY license.This book offers a unique and insightful analysis of Western and Middle Eastern concepts of dignity and illustrates them with examples of everyday life.Dignity in the 21st Century - Middle East and West is unique and insightful for a range of reasons. First, the book is co-authored by scholars from two different cultures (Middle East and West). As a result, the interpretations of dignity covered are broader than those in most Western publications. Second, the ambition of the book is to use examples from everyday life and fiction to debate a range of dignity interpretations supplemented by philosophical and theological theories. Thus, the book is designed to be accessible to a general readership, which is further facilitated because it is published with full open access. Third, the book does not defend one superior theory of dignity, but instead presents six Western approaches and one based on the Koran and then asks whether a common essence can be detected. The answer to the question whether a common essence can be detected between the Koranic interpretation of dignity and the main Western theories (virtue, Kant) is YES. The essence can be seen in dignity as a sense of self-worth, which persons have a duty to develop and respect in themselves and a duty to protect in others. The book ends with two recommendations. First, given the 7 concepts of dignity introduced in the book, meaningful dialogue can only be achieved if conversation partners clarify which variation they are using. Second, future collaborations between philosophers and psychologists might be helpful in moving theoretical knowledge on dignity as a sense of self-worth into practical action. The “scourges” of a sense of self-worth and dignity are identified by psychologists as violence, humiliation, disregard and embarrassment. To know more about how these can be avoided from psychologists, is helpful when protecting a sense of self-worth in others.

By Honor Bound: State and Society in Early Modern Russia

In the sixteenth and seventeenth centuries, Russians from all ranks of society were bound together by a culture of honor. Here one of the foremost scholars of early modern Russia explores the intricate and highly stylized codes that made up this culture. Nancy Shields Kollmann describes how these codes were manipulated to construct identity and enforce social norms—and also to defend against insults, to pursue vendettas, and to unsettle communities. She offers evidence for a new view of the relationship of state and society in the Russian empire, and her richly comparative approach enhances knowledge of statebuilding in premodern Europe. By presenting Muscovite state and society in the context of medieval and early modern Europe, she exposes similarities that blur long-standing distinctions between Russian and European history.Through the prism of honor, Kollmann examines the interaction of the Russian state and its people in regulating social relations and defining an individual's rank. She finds vital information in a collection of transcripts of legal suits brought by elites and peasants alike to avenge insult to honor. The cases make clear the conservative role honor played in society as well as the ability of men and women to employ this body of ideas to address their relations with one another and with the state. Kollmann demonstrates that the grand princes—and later the tsars—tolerated a surprising degree of local autonomy throughout their rapidly expanding realm. Her work marks a stark contrast with traditional Russian historiography, which exaggerates the power of the state and downplays the volition of society.

Coming to Terms with Superdiversity: The Case of Rotterdam (IMISCOE Research Series)

This open access book discusses Rotterdam as clear example of a superdiverse city that is only reluctantly coming to terms with this new reality. Rotterdam, as is true for many post-industrial cities, has seen a considerable backlash against migration and diversity: the populist party Leefbaar Rotterdam of the late Pim Fortuyn is already for many years the largest party in the city. At the same time Rotterdam has become a majority minority city where the people of Dutch descent have become a numerical minority themselves. The book explores how Rotterdam is coming to terms with superdiversity, by an analysis of its migration history of the city, the composition of the migrant population and the Dutch working class population, local politics and by a comparison with Amsterdam and other cities. As such it contributes to a better understanding not just of how and why super-diverse cities emerge but also how and why the reaction to a super-diverse reality can be so different.By focusing on different aspects of superdiversity, coming from different angles and various disciplinary backgrounds, this book will be of interest to students and scholars in migration, policy sciences, urban studies and urban sociology, as well as policymakers and the broader public.

Crime and Criminal Justice in Modern Germany (Studies in German History Book 16)

The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

The Ethical Spirit of EU Law

This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.

History and Power in the Study of Law: New Directions in Legal Anthropology (The Anthropology of Contemporary Issues)

Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the ‘legal’ as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.

Madame Bovary on Trial

In 1857, following the publication of Madame Bovary, Flaubert was charged with having committed an "outrage to public morality and religion." Dominick LaCapra, an intellectual historian with wide-ranging literary interests, here examines this remarkable trial. LaCapra draws on material from Flaubert’s correspondence, the work of literary critics, and Jean-Paul Sartre’s analysis of Flaubert. LaCapra maintains that Madame Bovary is at the intersection of the traditional and the modern novel, simultaneously invoking conventional expectations and subverting them.

Who Will Be the Next President?: A Guide to the U.S. Presidential Election System (Springerbriefs in Law)

This book is open access under a CC BY 4.0 license.This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.

Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution (Studies in the History of Law and Justice Book 6)

This open access book can be downloaded from link.springer.comLegal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence (Studies in the History of Law and Justice Book 12)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

Studies in Global Animal Law (BeitrA?ge zum auslA?ndischen A?ffentlichen Recht und VA?lkerrecht Book 290)

This open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.

Los Angeles and the Summer Olympic Games: Planning Legacies (SpringerBriefs in Geography)

This open access book describes the three planning approaches and legacy impacts for the Olympic Games in one locale: the city of Los Angeles, USA. The author critically compares the similarities and differences of the LA Olympics by reviewing the 1932 and 1984 Olympics and by analyzing the concurrent planning process for the 2028 Olympics. The author unravels the conditions that make (or do not make) LA28’s argument “we have staged the Games before, we can do it again” compelling. Setting the bid’s promises into the contemporary local and global mega-event contexts, the author analyzes why LA won the bids, how those wins allowed LA to negotiate concessions with the IOC and NOC, and how legacies were planned, executed, and ultimately evolved. The author concludes with a prediction which 2028 legacy promises might and might not be fulfilled given the local and international Olympic contexts.