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Essays in the History of Early American Law (Published by the Omohundro Institute of Early American History and Culture and the University of North Carolina Press)
by David H. FlahertyThis collection of outstanding essays in the history of early American law is designed to meet the demand for a basic introduction to the literature of colonial and early United States law. Eighteen essays from historical and legal journals by outstanding authorities explore the major themes in American legal history from colonial beginnings to the early nineteenth century.Originally published in 1969.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Essays on Aristotle's Ethics (Philosophical Traditions #2)
by Amélie Oksenberg RortyAristotle's Nicomachean Ethics deals with character and its proper development in the acquisition of thoughtful habits directed toward appropriate ends. The articles in this unique collection, many new or not readily available, form a continuos commentary on the Ethics. Philosophers and classicists alike will welcome them.
Essays on Law and War at the Fault Lines
by Michael N. SchmittThis collection of essays by Professor Michael N. Schmitt of Durham University draws together those of his articles published over the past two decades that have explored particular fault lines in the law of armed conflict. As such, they examine the complex interplay between warfare and law, seeking to identify where the law and warfare appear to diverge, and where such apparent divergence can be accommodated through contextual interpretation of the law. Each essay examines a particular issue in either the jus ad bellum (the law governing resort to force) or jus in bello (international humanitarian law) that has proven contentious in terms of applying extant norms to the evolving face of armed conflict. Among the topics addressed are counter-terrorism, cyber operations, asymmetrical warfare, assassination, environmental warfare and the participation of civilians in hostilities.
Essays on Law, Religion, and Morality
by Gerard V. BradleyThe most controversial foundational issue today in both legal philosophy and constitutional law is the relationship between objective moral norms and the positive law. Is it possible for the state to be morally "neutral" about such matters as marriage, the family, religion, religious liberty, and - as the Supreme Court once famously phrased it - "the meaning of life"? If such neutrality is possible, is it desirable? In this volume of essays one of our country's leading constitutional lawyers answers "no" to both questions. In the first three chapters, Gerard Bradley investigates the central moral justification of punishment, the morality of plea bargaining, and how the criminal justice system should treat the family. These essays reflect both Bradley's decades as a teacher of criminal law as well as his earlier experience as a trial prosecutor in the Manhattan District Attorney's Office. The second triptych of papers has to do with the raging controversy over same-sex "marriage," and the broader movement toward a socially sanctioned orthodoxy about sexual orientation of which the "marriage" movement is one part. These papers reflect the author's years of philosophical work on the marriage question, as well as his more practical experience as a popular debater and expert witness. Finally, Bradley takes up the questions of religious liberty and how our democratic polity should treat religion. These chapters cover the original meaning of the First Amendment's Establishment Clause, the role of Catholicism in the post-World War II controversies over movie censorship as they played out in the Supreme Court, and emerging challenges to religious liberty in the 21st century.
Essays on Private Law: Foreign Law and Foreign Judgments
by Ian F.G. BaxterThis book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need "for greater unity between the conflict rules and the general law," and for "allowing, where appropriate, the influence of legal systems other than that of the forum." Professor Baxter's discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
Essays on Religion and Human Rights
by David LittleThis collection of seminal essays by David Little addresses the subject of human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his long-standing view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. Drawing on the natural rights tradition, the book contends that while there must be an accountable human rights standard, it should nevertheless guarantee wide latitude for the expression and practice of religious and other conscientious beliefs, consistent with outlawing arbitrary force. This book further details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on U. S. policy and the restraint of force in regard to terrorism and to cases like Vietnam, Afghanistan, and Pakistan. With a foreword by John Kelsey, this book stands as a capstone of the work of this influential writer on religion, philosophy, and law.
Essays on Saving, Bequests, Altruism and Life-cycle Planning
by Laurence J. KotlikoffThis collection of essays, coauthored with other distinguished economists, offers new perspectives on saving, intergenerational economic ties, retirement planning, and the distribution of wealth. The book links life-cycle microeconomic behavior to important macroeconomic outcomes, including the roughly 50 percent postwar decline in America's rate of saving and its increasing wealth inequality. The book traces these outcomes to the government's five-decade-long policy of transferring, in the form of annuities, ever larger sums from young savers to old spenders. The book presents new theoretical and empirical analyses of altruism that rule out the possibility that private intergenerational transfers have offset those by the government. While rational life-cycle behavior can explain broad economic outcomes, the book also shows that a significant minority of households fail to make coherent life-cycle saving and insurance decisions. These mistakes are compounded by reliance on conventional financial planning tools, which the book compares with Economic Security Planner (ESPlanner), a new life-cycle financial planning software program. The application of ESPlannerto U. S. data indicates that most Americans approaching retirement age are saving at much lower rates than they should be, given potential major cuts in Social Security benefits.
Essays on Strategy and Public Health: The Systematic Reconfiguration of Power Relations
by Rodrick WallaceThis book is a collection of essays that explore commonalities and contrasts between strategy in armed conflict and strategy in public health. The first part uses the asymptotic limit theorems of information and control theories to study strategy as an exchange of messages between adversaries, in the context of underlying power relations. The ‘messages’ to be exchanged are constructed from an ‘alphabet’ of tactics available to each contender, in a large sense. The second part of the book explores four case histories from this perspective, ranging across agribusiness-generated pandemics, through tuberculosis and COVID-19. The final chapter attempts a strategic synthesis applicable more specifically to public health than to the remarkably – and disturbingly -- close parallel of armed conflict. Taking a unique approach to public health tactics and strategy this volume will be of interest to social epidemiologists, public health economists, public policy scientists, as well as public health researchers and practitioners.
Essays on the Doctrinal Study of Law
by Aulis AarnioEssays on the Doctrinal Study of Law is a summary of the author's 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
Essays on the Moral Concepts (New Studies in Practical Philosophy)
by R.M. HareThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1972.
Essays on the Moral Philosophy of Mengzi
by Phillip J. Ivanhoe Xiusheng LiuMengzi (Mencius) is known for his sophisticated views on human nature and moral psychology. These essays explore a range of philosophical ideas at the core of his moral philosophy and relate them to both traditional Chinese and current Western philosophical concerns. The introduction provides historical background and philosophical context, and discusses each of the selections alongside Mengzi's work as a whole.
Essays on the Sociology of Knowledge
by Karl MannheimEssays on the Sociology of Knowledge by Karl Mannheim is a foundational work in the field of sociology, offering profound insights into how human thought, knowledge, and ideology are shaped by social contexts. Originally published in the early 20th century, Mannheim’s essays explore the relationship between knowledge and society, challenging the notion that ideas exist independently of the social environment in which they arise. His work remains essential for students and scholars interested in the sociology of knowledge, philosophy, and political thought.Mannheim argues that all knowledge is socially conditioned, meaning that individuals and groups produce ideas that reflect their specific social position and historical context. He introduces the concept of ideology and utopia—terms that describe, respectively, the ways dominant groups seek to maintain the status quo through their ideas and how marginalized or revolutionary groups generate transformative visions of the future. This dynamic interaction between knowledge, power, and social structure lies at the heart of Mannheim’s analysis.The essays in this collection address key questions about objectivity, the role of intellectuals, and the limits of scientific knowledge in understanding society. Mannheim examines how worldviews, or Weltanschauungen, differ across classes and social groups, demonstrating that no perspective is neutral. Instead, all forms of thought must be seen as part of broader social processes that influence and constrain them.Essays on the Sociology of Knowledge offers readers a way to critically examine how ideas function within society and how individuals can better understand their own thinking as shaped by historical and cultural forces. Mannheim’s insights have had a lasting impact on sociology, philosophy, and political theory, continuing to inform debates on ideology, power, and the nature of truth. This work remains an essential read for those seeking to understand the interplay between knowledge, society, and power.
Essays on the Visualisation of Legal Informatics (Law, Governance and Technology Series #54)
by Vytautas Cyras Friedrich LachmayerBoth legal scholars and computer scientists will be curious to know how the gap between law and computing can be bridged. The law, and also jurisprudence, is based on language, and is mainly textual. Every syntactic system has its semantic range, and so does language, which in law achieves a high degree of professional precision. The use of visualisations is a syntactic supplement and opens up a new understanding of legal forms. This understanding was reinforced by the paradigm shift from textual law to legal informatics, in which visual formal notations are decisive. The authors have been dealing with visualisation approaches for a long time and summarise them here for discussion. In this book, a multiphase transformation from the legal domain to computer code is explored. The authors consider law enforcement by computer. The target view is that legal machines are legal actors that are capable of triggering institutional facts. In the visualisation of statutory law, an approach called Structural Legal Visualisation is presented. Specifically, the visualisation of legal meaning is linked with tertium comparationis, the third part of the comparison. In a legal documentation system, representing one legal source with multiple documents is viewed as a granularity problem. The authors propose to supplement legislative documents ex ante with explicit logic-oriented information in the form of a mini thesaurus. In contrast to so-called strong relations such as synonymy, antonymy and hypernymy/hyponymy, one should consider weak relations: (1) dialectical relations, a term of dialectical antithesis; (2) context relations; and (3) metaphorical relations, which means the use of metaphors for terms. The chapters trace topics such as the distinction between knowledge visualisation and knowledge representation, the visualisation of Hans Kelsen’s Pure Theory of Law, the separation of law and legal science, legal subsumption, legal relations, legal machines, encapsulation, compliance, transparency, standard cases and hard cases.
Essays: Second Series. --
by Ralph Waldo EmersonThe major works of one of the nineteenth century&’s most influential philosophers In the early days of the American experiment, as the states spread across the continent and the young nation was reshaped by the Industrial Revolution, no intellectual held more power than Ralph Waldo Emerson. The leading light of the Transcendentalists, Emerson spent his life devising a uniquely American philosophy, a worldview as suited to the bustling docks of Boston as it is to the endless expanses of the West. Through lectures, letters, and essays, Emerson helped a nation discover its identity. In this collection, which includes such monumental essays as &“Nature,&” &“Self-Reliance,&” and &“The American Scholar,&” Emerson brilliantly articulates his philosophy of individualism and nonconformity. An inspiration to Henry David Thoreau, Walt Whitman, and countless other literary and political figures, Emerson exerted a profound influence that continues to be felt more than a century after his death. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
Essential Business Law and Practice for SQE1 (Essential Law for SQE1)
by Bill DaviesEssential Business Law and Practice for SQE1 explains the key principles of business law and practice as required for the Solicitors Qualifying Examination (SQE) Part 1, in a clear, easy-to-follow style. The key principles of law in each topic are introduced together with concise examples of how each principle can be applied, and the book includes a range of supporting features: ● Commercial awareness talking points reinforce the book’s strong focus on commercial awareness throughout. ● Multiple-choice questions: Each section of the book provides multiple-choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple-choice questions and answers are also provided on the companion website. ● Problem questions: To test understanding and analytical skills applied to practical scenarios. A companion website also provides suggested answers. ● Revision points: Each chapter concludes with a concise list of key revision points. Part of Routledge’s Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the business law and practice element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Business Law and Practice, it is suitable for non-law graduates.
Essential Concepts of Land Politics: An A–Z Guide (A-Z Guides for Environment and Sustainability)
by Saturnino M. Borras Jr. Jennifer C. FrancoThis book compiles, discusses, and explains the key concepts in land politics in an easy-to-navigate A–Z format.This book takes a broad view on land, across the rural and urban corridor, and advocates for a holistic view of the politics of land, as an aggregation of land and global social life, that is, the politics of food, climate, labour, citizenship, and geopolitics. The authors have curated a wide-ranging list of 67 key terms most commonly used in the field, with each entry mapping out an important concept or idea and illustrating how it relates more broadly across this growing discipline. Across the entries, the book showcases that land has been and remains central to productive and social reproductive activities of humanity for the incessant renewal of life and society. A key assumption in this book is that the politics of land is made up of building blocks in the form of key concepts. These key concepts evolve, both in the sense that they are politically contested and in the changing broader context within which they are embedded. The key concepts in this book are therefore not discussed in a random way but rather framed from Critical Agrarian Studies perspectives and scholar-activist tradition, which means taking the side of the exploited and oppressed.With further reading recommendations included alongside the entries, this innovative and accessible volume will be of great interest to students, scholars, policy practitioners, and political activists.
Essential Constitutional and Administrative Law for SQE1 (Essential Law for SQE1)
by Ian Bowden Zaman F. KalaEssential Constitutional and Administrative Law for SQE1 explains key principles of the UK constitution, the organs of the state, judicial review, as well as retained EU law/assimilated law, in a clear, concise, and easy-to-understand style. The use of practical examples allows such key principles to be effectively introduced and illustrated. It demonstrates the importance of the system of supremacy and the rule of law and how the concept of separation of powers ensures effective governance, including an understanding of human rights legislation and public order law.The book provides a clear and structured approach with opportunities to apply the relevant principles to the law. The book also includes a range of interactive features including:● Revision points: Each chapter concludes with a concise list of key revision points.● Multiple Choice Questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge).Further multiple choice questions and answers are also provided on the companion website.Part of a series of books aimed at those who are preparing for SQE1, this concise and accessible text provides a clear understanding of the key principles of the essential constitutional and administrative law and will enable you to test your assessment skills.
Essential Contract Law for SQE1 (Essential Law for SQE1)
by Fred Motson Stephen BunburyEssential Contract Law for SQE1 explains the key principles of contract law in a clear, concise, and easy-to-understand style. Written specifically for SQE study, this book covers all of the topics contained in the syllabus for the contract law subject area in SQE1 Functioning Legal Knowledge (FLK) assessments.The book provides a clear and structured approach with opportunities to apply the relevant principles to contract law. It also includes a range of features designed to help you test and confirm your knowledge of contractual legal principles, including: Revision points: Each chapter concludes with a concise list of key revision points Multiple choice questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge) Part of Routledge’s Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the key contractual principles and the core rules that underpin contract law and will enable you to test your assessment skills. Without the assumption of any prior knowledge of contract law, it is suitable for both undergraduates and non-law graduates.
Essential Criminal Law and Criminal Practice for SQE1 (Essential Law for SQE1)
by James Thornton Amanda Parker Orla SlatteryEssential Criminal Law and Criminal Practice for SQE1 explains the key principles of criminal law, criminal practice and ethics in a clear, concise and easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. It is split into three parts: 1) the criminal law 2) criminal practice and 3) useful/illustrative cases which have established or illustrated an important part of the criminal law.The book provides a clear and structured approach with opportunities to apply the relevant principles to the law. It also includes a range of interactive features, including:• Revision points: each chapter concludes with a concise list of key revision points.• Key terms to progressively build and consolidate your understanding.• Multiple choice questions: each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple choice questions and answers are also provided on the companion website.Part of a series of books aimed at those who are preparing for SQE1, this concise and accessible text provides a clear understanding of the Criminal Law and Criminal Practice elements of SQE1, including the standard of ethical and professional conduct that you will need to adhere to as a solicitor, and enables you to test your assessment skills
Essential Dispute Resolution for SQE1 (Essential Law for SQE1)
by Ben WatersEssential Dispute Resolution for SQE1 explains the key principles of dispute resolution in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to realistic examples, commonly used court forms, and tables. The book provides an overview of three processes for resolving civil disputes, forming part of the dispute resolution continuum, followed by a fluent narrative account of key principles of civil procedure. The guide also includes a range of supporting features: Chapter overviews Revision points: Each chapter concludes with a concise list of key revision points Multiple choice questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge) In a series of books aimed at those preparing for SQE1, this concise and accessible text provides a clear understanding of the dispute resolution element of SQE1 in relation to contract and tort. An invaluable resource for any SQE candidate wishing to develop the assessment skills needed to pass the exam.
Essential Ethics for Psychologists: A Primer for Understanding and Mastering Core Issues
by Thomas F. NagyThis introduction/review is intended for psychology students who have had minimal preparation in ethics or codes of professional conduct, and for psychologists who need a review. In addition to background, it presents ethical decision making models. The book begins by introducing the history and concepts of the APA Ethics Code, then treats four ethical concepts in depth: competence, informed consent, privacy and confidentiality, and avoiding harm and exploitation. These four concepts are then applied to specific roles such as psychological assessment, psychotherapy, research and publication, and ethics in teaching, training, and supervision. Case studies include fictional vignettes based on actual transgressions.
Essential Forensic Biology: Animals, Plants And Microorganisms In Legal Investigation
by Alan GunnA completely revised and updated edition that teaches the essentials of forensic biology, with increased coverage of molecular biological techniques and new information on wildlife forensics, wound analysis and the potential of microbiomes as forensic indicators This fully revised and updated introduction to forensic biology carefully guides the reader through the science of biology in legal investigations. Full-colour throughout, including many new images, it offers an accessible overview to the essentials of the subject, providing balanced coverage of the range of organisms used as evidence in forensic investigations, such as invertebrates, vertebrates, plants and microbes. The book provides an accessible overview of the decay process and discusses the role of forensic indicators like human fluids and tissues, including bloodstain pattern analysis, hair, teeth, bones and wounds. It also examines the study of forensic biology in cases of suspicious death. This third edition of Essential Forensic Biology expands its coverage of molecular techniques throughout, offering additional material on bioterrorism and wildlife forensics. The new chapter titled ‘Wildlife Forensics’ looks at welfare legislation, CITES and the use of forensic techniques to investigate criminal activity such as wildlife trafficking and dog fighting. The use of DNA and RNA for the identification of individuals and their personal characteristics is now covered as well, along with a discussion of the ethical issues associated with the maintenance of DNA databases. Fully revised and updated third edition of the successful student-friendly introduction to the essentials of Forensic Biology Covers a wide variety of legal investigations such as homicide, suspicious death, neglect, real and fraudulent claims for the sale of goods unfit for purpose, the illegal trade in protected species of plants and animals and bioterrorism Discusses the use of a wide variety of biological material for forensic evidence Supported by a website that includes numerous photographs, interactive MCQs, self-assessment quizzes and a series of questions and topics for further study to enhance student understanding Includes a range of important, key case studies in which the difficulties of evaluating biological evidence are highlighted Essential Forensic Biology, Third Edition is an excellent guide for undergraduates studying forensic science and forensic biology.
Essential Forensic Pathology: Core Studies and Exercises
by Gilbert CorriganA myriad of different scenarios await those entering the field of forensic pathology, ranging from gunshot wounds to asphyxiation to explosives to death from addiction. Essential Forensic Pathology: Core Studies and Exercises helps prepare pathologists in training by establishing what they must know about the most common death scenes they will enco
Essential GCSE Law
by Kenny ChinThis book is part of the Cavendish Essential series. The books in the series are designed to provide useful revision aids for the hard-pressed student. They are not,of course, intended to be substitutes for more detailed treatises. Other textbooks in the Cavendish portfolio must supply these gaps. The Cavendish Essential Series is now in its second edition and is a well established favourite among students. The team of authors bring a wealth of lecturing and examining experience to the task in hand. Many students who have studied or are studying law find the experience 'painful'. One of the main complaints is that there is so much to learn and so many cases to remember. This book is written based on both A Level and GCSE Law Syllabus. For students who progress to higher level, this book can also be used as a basis for them to develop their own personal law revision notes.
Essential Guide to Family & Medical Leave, The
by Lisa Guerin Deborah C. EnglandThe purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations. The 5th edition covers all the latest updates on the FMLA, including rules for same-sex couples, new cases explaining the application of the FMLA, state paid family leave laws, and more.