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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Copyrighting God provides the first detailed account of how American religious organizations used copyright in sacred texts not simply for economic gain but also for social organization and control. Including chapters on the angelic authorship of The Urantia Book, Mary Baker Eddy's use of copyright to construct the Christian Science Church, interdenominational disputes in the Worldwide Church of God, and the Church of Scientology's landmark lawsuits against Internet service providers, this book examines how religious copyright owners mobilized the law in order to organize communities, protect sacred goods, produce new forms of spiritual identity, and even enchant the material world. In doing so, this book demonstrates that these organizations all engaged in complex efforts to harmonize legal arguments and theological rationales in order to care for and protect religious media, thereby coming to a nuanced understanding of secular law as a resource for, and obstacle to, their unique spiritual objectives.
Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.
Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law's demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law's demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule.
Devil in the Grove is the winner of the 2013 Pulitzer Prize for General Nonfiction.
Arguably the most important American lawyer of the twentieth century, Thurgood Marshall was on the verge of bringing the landmark suit Brown v. Board of Education before the U.S. Supreme Court when he became embroiled in a case that threatened to change the course of the civil rights movement and cost him his life.
In 1949, Florida's orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor with the help of Sheriff Willis V. McCall, who ruled Lake County with murderous resolve. When a white seventeen-year-old girl cried rape, McCall pursued four young blacks who dared envision a future for themselves beyond the groves. The Ku Klux Klan joined the hunt, hell-bent on lynching the men who came to be known as "the Groveland Boys."
Associates thought it was suicidal for Marshall to wade into the "Florida Terror," but the young lawyer would not shrink from the fight despite continuous death threats against him.
Drawing on a wealth of never-before-published material, including the FBI's unredacted Groveland case files, as well as unprecedented access to the NAACP's Legal Defense Fund files, Gilbert King shines new light on this remarkable civil rights crusader.
Some of the earliest examples of medieval canon law are penitentials - texts enumerating the sins a confessor might encounter among laypeople or other clergy and suggesting means of reconciliation. Often they gave advice on matters of secular law as well, offering judgments on the proper way to contract a marriage or on the treatment of slaves. This book argues that their importance to more general legal-historical questions, long suspected by historians but rarely explored, is most evident in an important (and often misunderstood) subgroup of the penitentials: composed in Old English. Though based on Latin sources - principally those attributed to Theodore, Archbishop of Canterbury (d.690) and Halitgar of Cambrai (d.831) - these texts recast them into new ordinances meant to better suit the needs of English laypeople. The Old English penitentials thus witness to how one early medieval polity established a tradition of written vernacular law.
The initial responses to 9/11 engaged categorical questions about `war', `terrorism', and `crime'. Now the implementation of counter-terrorism law is infused with dichotomies - typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems. This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.
This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.
Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
The 1911 Copyright Act, often termed the `Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the `common law copyright system'. This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws. A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policy-makers, academic scholars and members of international copyright associations.
Imprisoned by the Past: Warren McCleskey, Race, and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story. McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case - as well as his life and crime - to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today. Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.
From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
This timely collection presents articles written by Chinese and Western authors on law reform in the People's Republic of China from its beginning in 1978 until the present day. The first part presents differing perspectives on the history of law reform. Separate sections are devoted to core institutions: the Constitution, the legislature, administrative law, courts, criminal process, the legal profession, extra-judicial dispute resolution and citizen petitions. Alongside an original introduction the book will be of interest to readers with specialized interests in Chinese law but also to anyone interested in China's governance.
This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.
This second collection of papers by Peter Edbury focuses primarily on the literature either composed in the Latin East or closely associated with it. The legal treatises from the kingdom of Jerusalem and from Cyprus and Antioch have long been recognized as providing insights into the juridical and social history of these places in the twelfth and thirteenth centuries, and some of the papers re-issued here reflect the author's work in re-editing two of the most famous of these treaties, those by John of Ibelin-Jaffa and Philip of Novara. The studies on historical literature are chiefly concerned with vernacular texts, most notably the Old French translation of William of Tyre and its Continuations, again much a result of his current work on a new edition of the Continuations and the associated text known as La Chronique d'Ernoul. Other papers concerned with aspects of the narrative traditions that furnish a significant part of our knowledge of Lusignan Cyprus in the thirteenth and fourteenth centuries, and with which in one way or another Peter Edbury has been engaged since the early 1970s.
This is the first--and the only authorized--biography of Elbert Parr Tuttle (1897-1996), the judge who led the federal court with jurisdiction over most of the Deep South through the most tumultuous years of the civil rights revolution. By the time Tuttle became chief judge of the United States Court of Appeals for the Fifth Circuit, he had already led an exceptional life. He had cofounded a prestigious law firm, earned a Purple Heart in the battle for Okinawa in World War II, and led Republican Party efforts in the early 1950s to establish a viable presence in the South. But it was the inter-section of Tuttle's judicial career with the civil rights movement that thrust him onto history's stage.
When Tuttle assumed the mantle of chief judge in 1960, six years had passed since" Brown v. Board of Education" had been decided but little had changed for black southerners. In landmark cases relating to voter registration, school desegregation, access to public transportation, and other basic civil liberties, Tuttle's determination to render justice and his swift, decisive rulings neutralized the delaying tactics of diehard segregationists--including voter registrars, school board members, and governors--who were determined to preserve Jim Crow laws throughout the South.
Author Anne Emanuel maintains that without the support of the federal courts of the Fifth Circuit, the promise of Brown might have gone unrealized. Moreover, without the leadership of Elbert Tuttle and the moral authority he commanded, the courts of the Fifth Circuit might not have met the challenge.
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state-Ohio-to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.
Donald L. Hollowell was Georgia's chief civil rights attorney during the 1950s and 1960s. In this role he defended African American men accused or convicted of capital crimes in a racially hostile legal system, represented movement activists arrested for their civil rights work, and fought to undermine the laws that maintained state-sanctioned racial discrimination. In Saving the Soul of Georgia, Maurice C. Daniels tells the story of this behind-the- scenes yet highly influential civil rights lawyer who defended the rights of blacks and advanced the cause of social justice in the United States. Hollowell grew up in Kansas somewhat insulated from the harsh conditions imposed by Jim Crow laws throughout the South. As a young man he served as a Buffalo Soldier in the legendary Tenth Cavalry, but it wasn't until after he fought in World War II that he determined to become a civil rights attorney. The war was an eye-opener, as Hollowell experienced the cruel discrimination of racist segregationist policies. The irony of defending freedom abroad for the sake of preserving Jim Crow laws at home steeled his resolve to fight for civil rights upon returning from war. From his legal work in the case of Hamilton E. Holmes and Charlayne Hunter that desegregated the University of Georgia to his defense of Dr. Martin Luther King Jr. to his collaboration with Thurgood Marshall and his service as the NAACP's chief counsel in Georgia, Saving the Soul of Georgia explores the intersections of Hollowell's work with the larger civil rights movement.
If a paternity test were done on widely admired South Africa’s constitution, whose DNA would come up? Is the Constitution just a beautiful piece of paper? If Oliver Tambo were alive today, walking around South Africa, would he be pleased with what he saw? In this riveting, direct account of the genesis of South Africa’s constitution, former Justice Albie Sachs answers these crucial questions. The chapters of this book are based on a four-part lecture series delivered by Albie Sachs at universities around the country during the centenary year of Oliver Tambo’s birth. The lectures were delivered as part of the Oliver and Adelaide Tambo Foundation’s centenary celebrations which sought to honour and remember Tambo’s life, the values he espoused and his commitment to the struggle for national liberation. Described by former President Nelson Mandela as ‘a great giant who strode the globe like a colossus’, Tambo was one of the key drivers of South Africa’s liberation and the founding father of our constitutional democracy. Sachs writes about the years he spent working under Tambo’s leadership in exile preparing for a new post-apartheid constitutional order in South Africa and about the extreme crises that were overcome during the constitution-making process to arrive at the document we have today. Tackling the burning issues that face our country today, he argues that the Constitution is a framework for struggle and decolonisation that can be used to bring about land reform and true equality.
This innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world's first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with caution. Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and 'new formalities'. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright. This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.
The Sit Room brings you inside the secretive Situation Room of the White House, the most important deliberative room in the world, during the early 1990s when the author was one of the policymakers who framed the Clinton Administration's policy towards the bloody Balkans War. Drawing upon newly declassified documents and his own notes, David Scheffer, who later became America's first Ambassador-at-Large for War Crimes Issues, weaves the true story of how policy options were debated in the Sit Room among the highest national security officials. The road to a final peace deal in late 1995 came at the high price of the murderous siege of Sarajevo and ethnic cleansing of mostly Bosnian Muslims from their homes and towns, including the genocide of Srebrenica's men and teenage boys. The Sit Room reveals the behind-the-scenes story about how American policy evolved-often futilely-to try to stop an intractable war and its shocking atrocities. Main actors in the Sit Room include: the assertive Ambassador to the United Nations, Madeleine Albright; the State Department's ace negotiator, Richard Holbrooke; the cerebral National Security Adviser, Tony Lake; the immigrant Chairman of the Joint Chiefs of Staff, John Shalikashvili; the bulldog Deputy National Security Adviser, Sandy Berger; and White House moralist, David Gergen. For almost three years, the Sit Room was littered with shattered proposals to end the war-until armed force backed up diplomacy to compel a fragile peace deal. The Sit Room reveals authentic policy-making at the highest levels, with a unique journey into the arena of war and peace where spirited debate guided America's foreign policy.
From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Modern-day tax treaties have their foundations in one of the three Model Tax Treaties developed by the League of Nations in 1928. Using previously unexplored archival material, Sunita Jogarajan provides the first in-depth examination of the development of the League's Models. This new research provides insights into questions such as the importance of double taxation versus tax evasion; the preference for source-taxation versus residence-taxation; the influence of theory and practice on the League's work; the development of bilateral rather than multilateral treaties; the influence of developing countries on the League's work; the role of Commentary in interpreting model tax treaties; and the influential factors and key individuals involved. A better understanding of the development of the original models will inform and help guide interpretation and reform of modern-day tax treaties. Additionally, this book will be of interest to scholars of international relations and the development of law at international organisations.
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century.
Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds.
In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.
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