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A Jurisprudence of the Body (Palgrave Socio-Legal Studies)
by Michael Thomson Chris Dietz Mitchell TravisThis book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice.
The Jurisprudence of the FIFA Dispute Resolution Chamber
by Frans De WegerThis book addresses the most important judicial aspects in relation to the Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and ever-increasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics.
Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection
by Ewa Sałkiewicz-MunnerlynThis book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law.Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.
The Jurisprudential Legacy of Justice Ruth Bader Ginsburg
by Ryan Vacca Ann BartowProvides a sweeping overview of Justice Ginsburg’s jurisprudenceThe passing of Justice Ruth Bader Ginsburg in September of 2020 marked a grim day for women and the broader progressive legal community. In her twenty-seven years on the Supreme Court and thirteen years on the Court of Appeals, she was most known for her trailblazing work on gender equality; however, she also influenced the direction of a multitude of legal subject areas during her long tenure. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg is a critical examination of Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her many rulings.In this edited volume, Ryan Vacca and Ann Bartow bring together leading scholars of American law to analyze Justice Ginsburg’s voting patterns and written opinions from the perspectives of subject matter experts. Each essay highlights areas of the law in which Justice Ginsburg had an outsized interest or impact. Chapters delve into topics such as gender equality, voting rights, the death penalty, civil and criminal procedure, employment discrimination, freedom of expression, bankruptcy, environmental law, immigration, and taxation. Together, they form a colorful tapestry that illustrates a long and celebrated judicial career, displaying Ginsburg’s immense influence on areas of the law well beyond women’s rights.The Jurisprudential Legacy of Justice Ruth Bader Ginsburg shares profound insights into its subject’s unique legal philosophy, and reminds us what we had and whom we lost with her passing.
Jurist in Context: A Memoir (Law in Context)
by William TwiningThis is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the troubles in Belfast, the contextual turn in legal studies, rethinking evidence and the implications of globalisation which have been central to his life and research. In propounding his original views as an enthusiastic self-styled 'legal nationalist', Twining maps his ideas of law as a unique discipline, which pervades all spheres of social and political life while combining theory and practice, concepts and values, facts and rules in uniquely fascinating ways. Addressed to academic lawyers generally and to other non-specialists, this story brings out the importance and fascinations of a discipline that has changed, expanded and diversified in the post-War years, with an eye to its future development and potential.
Juristic Concept of the Validity of Statutory Law: A Critique of Contemporary Legal Nonpositivism
by Malgorzata Kieltyka Andrzej GrabowskiThis book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Juristische Methoden für Dummies
by Werner F. KönigStehen Sie gerade am Anfang eines Jura-Studiums? Oder müssen Sie sich als Nicht-Jurist im Nebenfach mit Jura beschäftigen? Ist Ihnen die juristische Methodik noch fremd und fühlt sie sich für Sie gewöhnungsbedürftig an? Das muss nicht so bleiben! Dieses Buch führt Sie in die Logik der Juristerei ein und erklärt Ihnen in gewohnt verständlicher und anschaulicher Dummies-Manier die Welt der Normengefüge, Sachverhalte und Fallfragen, Auslegung und Fallbearbeitung. Und ganz nebenbei erfahren Sie auch, welche juristischen Todsünden Sie auf keinen Fall begehen sollten.
Juristische Methoden für Dummies (Für Dummies)
by Werner F. KönigStehen Sie gerade am Anfang eines Jura-Studiums? Oder müssen Sie sich als Nicht-Jurist im Nebenfach mit Jura beschäftigen? Ist Ihnen die juristische Methodik noch fremd und fühlt sie sich für Sie gewöhnungsbedürftig an? Das muss nicht so bleiben! Dieses Buch führt Sie in die Logik der Juristerei ein und erklärt Ihnen in gewohnt verständlicher und anschaulicher Dummies-Manier die Welt der Normengefüge, Sachverhalte und Fallfragen, Auslegung und Fallbearbeitung. Und ganz nebenbei erfahren Sie auch, welche juristischen Todsünden Sie auf keinen Fall begehen sollten.
Juristische Personen des öffentlichen Rechts und die Umsatzsteuer: Arbeitshilfen zum § 2b UStG
by Michael HorstDas Buch enthält eine Auswahl an Themen, welche für umsatzsteuerliche Würdigung im Alltag von jPdöR - besonders für die Gebietskörperschaften - von Bedeutung sind. §2b UStG wird aus Sicht einer Gebietskörperschaft dargestellt. Dabei orientiert sich das Buch an einem städtischen Haushalt. Praktische Arbeitshilfen und Beispiele ermöglichen den Transfer auf die individuellen kommunalen Umsätze.
Jurists and Jurisprudence in Medieval Italy: Texts and Contexts (Toronto Studies in Medieval Law)
by Osvaldo Cavallar Julius KirshnerJurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Jurists and Legal Science in the History of Roman Law (Routledge-Giappichelli Studies in Law)
by Fara NastiThis book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
Juror #3
by James Patterson Nancy AllenA young attorney tries her first case . . . and it's Murder One in a legal thriller from the world's #1 bestselling writer. <P><P>Ruby Bozarth, a newcomer to Rosedale, Mississippi, is also fresh to the Mississippi Bar--and to the docket of Circuit Judge Baylor, who taps Ruby as defense counsel in a racially charged felony. <P><P> The murder of a woman from one of the town's oldest families has Rosedale's upper crust howling for blood, and the prosecutor is counting on Ruby's inexperience to help him deliver a swift conviction. Ruby's client is a college football star who has returned home after a career-ending injury, and she is determined to build a defense that will stick. She finds help in unexpected quarters from Suzanne, a hard-charging attorney armed to the teeth, and Shorty, a diner cook who knows more than he lets on. <P><P> Ruby never belonged to the country-club set, but once she nearly married into it. As news breaks of a second murder, Ruby's ex-fiancé, Lee Greene, shows up on her doorstep--a Southern gentleman in need of a savior. As lurid, intertwining investigations unfold, no one in Rosedale can be trusted, especially the twelve men and women impaneled on the jury. They may be hiding the most incendiary secret of all. <P><b>A New York Times Bestseller</b>
The Jury
by Steve MartiniThe Attorney, which marked the return of Steve Martini's lawyer-sleuth Paul Madriani, was hailed for its "well-observed courtroom maneuverings" (The Christian Science Monitor) and "crisp dialogue and tart observations" (Publishers Weekly). Now Martini delivers the most daunting capital case of Madriani's career.Paul Madriani has ample reason to suspect he's representing a guilty man. Dr. David Crone, a respected medical researcher and principal in mapping the human genome, is charged with the murder of a young colleague: twenty-six-year-old Kalista Jordan, an African-American research physician whose body washed up on a beach in San Diego Bay. Forensic evidence links her murder with material in Crone's garage. Crone had both opportunity and motive: Kalista had recently ended their affair, and may have been deserting him professionally as well, moving on to a rival genetic research facility. However, when a key witness for the prosecution dies unexpectedly, leaving an incriminating note behind, Crone's innocence seems confirmed-until Madriani hits upon a potentially damning loose end.
Jury and the Defense of Insanity
by Rita J. SimonThirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system.The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study.This is an exact record not a description or recollected account of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.
Jus Cogens
by Thomas WeatherallOne of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally State-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a State-based legal order, and values common to the international community as a whole.
Jus Post Bellum and Transitional Justice
by Larry May Elizabeth EdenbergThis collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.
Just a Dog: Understanding Animal Cruelty and Ourselves
by Arnold ArlukePsychiatrists define cruelty to animals as a psychological problem or personality disorder. Legally, animal cruelty is described by a list of behaviors. In Just a Dog, Arnold Arluke argues that our current constructs of animal cruelty are decontextualized—imposed without regard to the experience of the groups committing the act. Yet those who engage in animal cruelty have their own understandings of their actions and of themselves as actors. In this fascinating book, Arluke probes those understandings and reveals the surprising complexities of our relationships with animals. Just a Dog draws from interviews with more than 250 people, including humane agents who enforce cruelty laws, college students who tell stories of childhood abuse of animals, hoarders who chronically neglect the welfare of many animals, shelter workers who cope with the ethics of euthanizing animals, and public relations experts who use incidents of animal cruelty for fundraising purposes. Through these case studies, Arluke shows how the meaning of "cruelty" reflects and helps to create identities and ideologies.
Just a Journalist: On the Press, Life, and the Spaces Between (The William E. Massey Sr. lectures in American studies ; #2015)
by Linda GreenhouseA Pulitzer Prize–winning reporter who covered the Supreme Court for The New York Times, Linda Greenhouse trains an autobiographical lens on a moment of transition in U.S. journalism. Calling herself “an accidental activist,” she raises urgent questions about the role of journalists as citizens and participants in the world around them.
Just a Number: An International Legal Analysis on Age Discrimination
by Anne-Marie Mooney CotterWhilst workers' organizations and third-party analysts around the world commonly cite age as the most prevalent form of discrimination in the workplace, age discrimination has not had the same high profile as discrimination on grounds of sex or race. This book allows readers to better understand the issue of ageism and inequality. It examines the primary role of legislation and court process in combating age discrimination at both national and international levels. Including the role of NAFTA and the EU in this respect, it also provides a detailed examination of the relationship between age issues and the law, and will be an important resource for those involved in age discrimination and elder rights.
Just Algorithms: Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk
by Christopher SloboginStatistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.
Just American Wars: Ethical Dilemmas in U.S. Military History (War, Conflict and Ethics)
by Eric PattersonThis book examines the moral choices faced by U.S. political and military leaders in deciding when and how to employ force, from the American Revolution to the present day. Specifically, the book looks at discrete ethical dilemmas in various American conflicts from a just war perspective. For example, was the casus belli of the American Revolution just, and more specifically, was the Continental Congress a "legitimate" political authority? Was it just for Truman to drop the atomic bomb on Japan? How much of a role did the egos of Kennedy, Johnson and Nixon play in prolonging the Vietnam War? Often there are trade-offs that civilian and military leaders must take into account, such as General Scott’s 1847 decision to bombard the city of Veracruz in order to quickly move his troops off the malarial Mexican coast. The book also considers the moral significance and policy practicalities of different motives and courses of action. The case studies provided highlight the nuances and even limits of just war principles, such as just cause, right intention, legitimate authority, last resort, likelihood of success, discrimination, and proportionality, and principles for ending war such as order, justice, and conciliation. This book will be of interest for students of just war theory, ethics, philosophy, American history and military history more generally.
Just and Unjust Interventions in World Politics: Public And Private (Global Issues)
by Catherine LuTaking insights and controversies from feminist political theory, Lu looks to illuminate alternative images of 'sovereignty as privacy' and 'sovereignty as responsibility', and to identify new challenges arising from the increased agency of private global civil society, and their relationship with the world of states.
Just and Unjust Military Intervention
by Stefano Recchia Jennifer M. WelshClassical arguments about the legitimate use of force have profoundly shaped the norms and institutions of contemporary international society. But what specific lessons can we learn from the classical European philosophers and jurists when thinking about humanitarian intervention, preventive self-defense or international trusteeship today? The contributors to this volume take seriously the admonition of contextualist scholars not to uproot classical thinkers' arguments from their social, political and intellectual environment. Nevertheless, this collection demonstrates that contemporary students, scholars and policymakers can still learn a great deal from the questions raised by classical European thinkers, the problems they highlighted, and even the problematic character of some of the solutions they offered. The aim of this volume is to open up current assumptions about military intervention, and to explore the possibility of reconceptualizing and reappraising contemporary approaches.
Just and Unjust Wars: A Moral Argument with Historical Illustrations, 4th Ed.
by Michael WalzerFrom the Athenian attack on Melos to the My Lai Massacre, from the wars in the Balkans through the first war in Iraq, Michael Walzer examines the moral issues surrounding military theory, war crimes, and the spoils of war. He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity. "
Just and Unjust Wars: A Moral Argument With Historical Illustrations, 3rd Ed.
by Michael WalzerThis classic work examines the issues surrounding military theory, war crimes, and the spoils of war from the Athenian attack on Melos to the My Lai massacre. A revised and updated classic treatment of the morality of war written by one of our country's leading philosophers. Just and Unjust Wars examines a variety of conflicts in order to understand exactly why, according to Walzer, "the argument about war and justice is still a political and moral necessity." Walzer's classic work draws on historical illustrations that range all the way from the Athenian attack on Melos to this morning's headlines, and uses the testimony of participants-decision makers and victims alike-to examine the moral issues of warfare.