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The Rule of Law in the Real World
by Paul GowderIn The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
The Rule of Law in the United Nations Security Council Decision-Making Process: Turning the Focus Inwards (Routledge Research in International Law)
by Sherif ElgebeilyThe UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
Rule of Law Intermediaries: Brokering Influence in Myanmar (Cambridge Studies in Law and Society)
by Kristina SimionScholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.
The Rule of Law under Pressure: A Transnational Challenge
by Gregory Shaffer Wayne SandholtzThe Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.
The Rule of Laws: A 4,000-Year Quest to Order the World
by Fernanda PirieFrom ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world&’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law
by Walter K. OlsonBig-ticket litigation is a way of life in this country. But something new is afoot--something typified by the $246 billion tobacco settlement, and by courtroom assaults that have followed against industries ranging from HMOs to gunmakers, from lead paint manufacturers to "factory farms." Each massive class-action suit seeks to invent new law, to ban or tax or regulate something that elected lawmakers had chosen to leave alone. And each time the new process works as intended, the new litigation elite reaps billions in fees--which they invest in fresh rounds of suits, as well as political contributions.The Rule of Lawyers asks: Who picks these lawyers, and who can fire them? Who protects the public's interest when settlements are negotiated behind closed doors? Where are our elected lawmakers in all this? The answers may determine whether we slip from the rule of law to the rule of lawyers.
The Rule of Nobody: Saving America from Dead Laws and Broken Government
by Philip K. HowardThe secret to good government is a question no one in Washington is asking: "What's the right thing to do?" What's wrong in Washington is deeper than you think. Yes, there's gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It's a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, "What's the right thing to do here?" Instead, they wonder, "What does the rule book say?" There's a fatal flaw in America's governing system--trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people--by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people--officials and citizens alike--the freedom to be practical. Rules can't accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers' vision of public law--setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.
The Rule Of Rules
by Larry Alexander Emily SherwinRules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules--and hence laws--are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to "legal principles. " In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
The Rule of Unwritten International Law: Customary Law, General Principles, and World Order (Routledge Research in International Law)
by Peter G. StaubachThis book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Rules and Practices of International Investment Law and Arbitration (Law in Context)
by Yannick RadiInternational investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date, comprehensive and detailed analysis of the rules and practices which form international investment law and arbitration, covering its substantive, institutional and procedural aspects. Using analytical and practice-oriented approaches, it provides analyses accessible to readers discovering this field anew, while it offers a wealth of in-depth studies to those who are already familiar with it.
Rules, Contracts and Law Enforcement in the Ottoman Empire: The Case of Tax-Farming Contracts (Palgrave Studies in Institutions, Economics and Law)
by Bora Altay Fuat OğuzThis book examines the role of institutions and law on the economic performance of the Ottoman Empire between 1500 and 1800. By focussing on the pre-industrial period, the transition to industrialisation and the mechanisms behind it can be explored. Particular attention is given to the allocation of financial resources towards more productive and efficient economic activities and the role this played in economic divergence among societies. A comparative analysis with European societies highlights the importance of non-economic institutions during the pre-industrial period. This book aims to provide new analytical perspectives and ways of thinking about how the Ottoman Empire lost its powerful economic and political structures. It is relevant to students and researchers interested in economic history, law and economics, and the political economy.
Rules for Trade in Services 2.0: Adapting the GATS to a Changing Trade Landscape (Routledge Research in International Economic Law)
by Gabriel GariThis book explores the adaptating process of the General Agreement on Trade in Services (GATS) to a constantly changing trade and policy context.The adoption of the General Agreement on Trade in Services (GATS), a multilateral agreement with stand-alone rules and principles for the governance of trade and investment in services, represented a watershedin the history of global trade governance. Over three decades after the drafting of the Agreement, WTO Members struggle to deliver on the GATS’ mandate to achieve progressively higher levels of trade liberalisation in a radically different trade and policy landscape. Against this background, this book examines the contribution of the WTO negotiating, adjudicative, and deliberative functions to adapting the GATS to changing circumstances. The book uncovers an extremely flexible and adaptable agreement whose full potential has yet to be realised due to a complex set of factors weighing more broadly on the use of the WTO functions. The book distils the factors at play that constrain WTO Members’ capacity to adapt the Agreement to changing circumstances and explores potential pathways to overcome them.The book will be of interest to scholars, policy makers, and trade diplomats interested in understanding the factors and processes conditioning the adaptation of a multilateral trade agreement to changing trade and policy circumstances.
Rules of Contract Law: 2019-2020 (Supplements Series)
by Charles L. Knapp Nathan M. Crystal Harry G. PrinceThis convenient paperback from a highly respected author team supplements the authors’ own casebook as well as any other casebook for Contracts. It reproduces most sections from the Restatement (Second) of Contracts black-letter text with selected comments, examples, and illustrations; most sections of the Uniform Commercial Code Articles 1 and 2, with more select sections of Articles 2A, 3 and 9; most articles from the United Nations Convention on Contracts for the International Sale of Goods (CISG); and many articles from the UNIDROIT Principles of International Commercial Contracts. <p><p>This supplement also reproduces excerpts from other relevant source materials and provides accompanying commentary to enhance the study of contract law.
Rules of Disengagement (Goldstein-Goren American Jewish History)
by Marjorie Cohn Kathleen GilberdLessons from veterans and active duty service members in opposition to US interventionist military policyRules of Disengagement examines the reasons men and women in the military have disobeyed orders and resisted the wars in Iraq and Afghanistan. It takes readers into the courtroom where sailors, soldiers, and Marines have argued that these wars are illegal under international law and unconstitutional under US law. Through the voices of active duty service members and veterans, it explores the growing conviction among our troops that the wars are wrong. While the Obama Administration’s pledge to remove all American troops from Iraq by the end of 2011 is encouraging – and in no small way likely attributable to resistance by our armed forces – it continues to fight in Afghanistan, and the military may soon have a heightened presence elsewhere in the Middle East and in Africa. As such, Rules of Disengagement provides inspiration and lessons for anyone who opposes an interventionist US military policy.
Rules of Evidence in International Arbitration: An Annotated Guide (Lloyd's Arbitration Law Library)
by Nathan D. O'MalleyNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. <P><P> Features of this book include: <li>An international scope, which will inform readers from around the world <li>A focus on evidentiary procedure, with extensive case-based commentary and examples <li>Extensive annotations, which allow the reader to locate key precedents for use in practice <P><P> This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.
Rules of Law and Laws of Ruling: On the Governance of Law (Law, Justice and Power)
by Julia Eckert Franz von Benda-Beckmann Keebet von Benda-BeckmannOffering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Rules of the Company Road
by Garrett SuttonWhen driving a car you need to know the rules of the road. You've learned, and now know as second nature, that you can get home safely by following these rules. The same applies when running a business or investment. You most likely know you'll be better protected when using a corporation, limited liability company (LLC) or limited partnership (LP), all of which offer asset protection. But by using each entity (a corporation, LLC or LP legally chartered by a U.S. state) there are certain rules you must follow to stay protected and operate in the clear.A large body of these rules are called the corporate formalities. These are the obligations to keep your entity active with the state, to hold meetings once a year and to file tax returns, among other requirements. Failure to follow the formalities can lead to a piercing of the corporate veil and a loss of limited liability protection. By piercing the corporate veil a creditor can reach through the entity and get at an owner's personal assets. Suffice it to say, you do not want your veil pierced.This ebook primer discusses these formalities in detail to help you maintain your corporate veil.
Rules of the Road: The Automobile and the Transformation of American Criminal Justice
by Spencer HeadworthA thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.
Rules, Rubrics and Riches: The Interrelations between Legal Reform and International Development
by Shailaja FennellRules, Rubrics and Riches highlights the limitations of existing approaches to understanding the relationship of the law to the process of development. It interrogates neoclassical economic thinking that draws on the narrow rubric of self-interest to understand the acquisition of riches. It takes issue with both the traditional ‘law and development’ movement, that was unable to shake colonial overtones, and the more recent ‘law and economics’ school that continues to emphasise the centrality of rational man at the micro level and the superiority of linear models of economic progress at the macro level. Written as an analysis of and commentary on the contribution of the law to international development, using legal cases and development trajectories in China, India and Malaysia, the book makes the case that individuals do not operate in a vacuum but rather within the social contexts of larger human structures such as family, community and nation. Rules, Rubrics and Riches is distinctive in the view that demanding equality for the individual is inappropriate if this occurs without looking at the broader context of the need for equity: within families, communities and nations. The book offers a new frame for 'law and development' thinking that point to a new set of rules, using a broader rubrics to ensure a sustainable accumulation of riches. It will be of interest to students and scholars working in the fields of law and development, development studies and international and comparative law.
Ruling Before the Law: The Politics Of Legal Regimes In China And Indonesia (Cambridge Studies In Law And Society )
by William HurstHow do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. <P> <P>Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. <P>This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.
Ruling by Cheating: Governance in Illiberal Democracy (Cambridge Studies in Constitutional Law)
by András SajóThere is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
Ruling Passions: A Theory of Practical Reasoning
by Simon BlackburnSimon Blackburn puts forward a compelling and original philosophy of human motivation and morality. Why do we behave as we do? Can we improve? Is our ethics at war with our passions, or is it an upshot of those passions? Blackburn seeks the answers to such questions in an exploration of the nature of moral emotions and the structures of human motivation. He develops a naturalistic ethics, which integrates our understanding of ethics with the rest of our understanding of the world we live in. His theory does not debunk the ethical by reducing it to the non-ethical, and it banishes the spectres of scepticism and relativism that have haunted recent moral philosophy. Ruling Passions reveals how ethics can maintain its authority even though it is rooted in the very emotions and motivations that it exists to control.
Ruling the Law: Legitimacy and Failure in Latin American Legal Systems (ASCL Studies in Comparative Law)
by Jorge L. EsquirolThe North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.
Ruling the Root: Internet Governance and the Taming of Cyberspace
by Milton L. MuellerIn Ruling the Root, Milton Mueller uses the theoretical framework of institutional economics to analyze the global policy and governance problems created by the assignment of Internet domain names and addresses.
Ruling the World? Constitutionalism, International Law, and Global Governance
by Jeffrey L. Dunoff Joel P. TrachtmanRuling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.