University Textbooks Law Books

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.

Law as Reproduction and Revolution: An Interconnected History

A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.

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.   

Socialism and Legal History: The Histories and Historians of Law in Socialist East Central Europe (Routledge Research in Legal History)

This book focuses on the way in which legal historians and legal scientists used the past to legitimize, challenge, explain and familiarize the socialist legal orders, which were backed by dictatorial governments. The volume studies legal historians and legal histories written in Eastern European countries during the socialist era after the Second World War. The book investigates whether there was a unified form of socialist legal historiography, and if so, what can be said of its common features. The individual chapters of this volume concentrate on the regimes that situate between the Russian, and later Soviet, legal culture and the area covered by the German Civil Code. Hence, the geographical focus of the book is on East Germany, Russia, the Baltic states, Poland and Hungary. The approach is transnational, focusing on the interaction and intertwinement of the then hegemonic communist ideology and the ideas of law and justice, as they appeared in the writings of legal historians of the socialist legal orders. Such an angle enables concentration on the dynamics between politics and law as well as identities and legal history. Studying the socialist interpretations of legal history reveals the ways in which the 20th century legal scholars, situated between legal renewal and political guidance gave legitimacy to, struggled to come to terms with, and sketched the future of the socialist legal orders.The book will be a valuable resource for academics and researchers working in the areas of Legal History, Jurisprudence and Philosophy of Law and European Studies.The Open Access version of this book, available athttps://www.taylorfrancis.com/books/socialism-legal-history-ville-erkkil%C3%A4-hans-peter-haferkamp/e/10.4324/9780367814670?context=ubx&refId=2db6d49f-af1c-4b51-9503-9673a131f541, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.”

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.

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.

Police Matters: The Everyday State and Caste Politics in South India, 1900a??1975

Police Matters moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows.Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing.Thanks to generous funding from the Andrew W. Mellon Foundation, through The Sustainable History Monograph Pilot, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellopen.org) and other repositories.

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.

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.

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.

Punishment and Political Order (Law, Meaning, And Violence)

Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’ s exercise of punitive power— from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity. "From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling."— Austin Sarat, Amherst College "Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment— as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally."— Bill Lyons, Director, Center for Conflict Management, University of Akron "Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement."— Malcolm M. Feeley, University of California at Berkeley Keally McBride is Assistant Professor of Politics at the University of San Francisco.

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.

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.

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.