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Author: Thomas W. Church
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 136
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Book Description
Author: Thomas W. Church
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 136
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Book Description
Author: Pitman B. Potter
Publisher: Routledge
ISBN: 113456130X
Category : Law
Languages : en
Pages : 272
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Book Description
This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.
Author: Hanina Ben-Menahem
Publisher:
ISBN: 9780415782517
Category : Law
Languages : en
Pages : 256
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Book Description
This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal landscape. In other words, rather than taking a structural approach, and attempting to neatly circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culturetakes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, without seeking to fit them into a single structure. Given this approach, readers have a number of options: they can focus on those chapters of particular interest to them; read the chapters in whatever order appeals to them; or go through the chapters in order. Reading even a handful of chapters should provide the reader with a good sense of the mind-set characteristic of Jewish legal thinking. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, extra-judicial decisions taken by judges and communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. The book gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Windows onto Jewish Legal Cultureis divided into five sections. The opening section presents two distinguishing features of Jewish legal culture, namely, its toleration and even encouragement of controversy, and its preference for formalistic formulations. These features are often misunderstood, and been subjected to severe critique. Indeed, Jewish legal culture is often parodied as nit-picking, hair-splitting, argument for the sake of argument. Exploring Jewish legal culture’s partiality to controversy and formalism in its proper context, however, yields a very different picture. The second section, "Law and Ethics," gives readers a first-hand look at the way Jewish legal culture relates to three moral issues of importance to any society: equity, charity, and euthanasia. The third section focuses on the judicial process, a central topic in the general analysis of law, and even more so in Jewish law, where the judicial branch takes precedence over the legislative. The fourth section addresses questions pertaining to the role of the individual in the administration of justice—self help, and the individual’s obligation to defend himself and others against a pursuer. The closing section is devoted to private law, exploring the interface between Jewish legal culture and free market competition, unjust enrichment, agency, and labor law. This book will appeal to students at the advanced level, scholars, and interested laypeople; the primary target audience is academic. It is suitable for use as a textbook.
Author: Charles R. Cutter
Publisher: UNM Press
ISBN: 9780826327758
Category : History
Languages : en
Pages : 244
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Book Description
Spain's colonial rule rested on a judicial system that resolved conflicts and meted out justice. But just how was this legal order imposed throughout the New World? Re-created here from six hundred civil and criminal cases are the procedural and ethical workings of the law in two of Spain's remote colonies--New Mexico and Texas in the eighteenth century. Professor Cutter challenges the traditional view that the legal system was inherently corrupt and irrelevant to the mass of society, and that local judicial officials were uninformed and inept. Instead he found that even in peripheral areas the lowest-level officials--thealcaldeor town magistrate--had a greater impact on daily life and a keener understanding of the law than previously acknowledged by historians. These local officials exhibited flexibility and sensitivity to frontier conditions, and their rulings generally conformed to community expectations of justice. By examining colonial legal culture, Cutter reveals the attitudes of settlers, their notions of right and wrong, and how they fixed a boundary between proper and improper actions. "A superlative work."--Marc Simmons, author ofSpanish Government in New Mexico
Author: Herbert M. Kritzer
Publisher: Quid Pro Books
ISBN: 1610272978
Category : Law
Languages : en
Pages : 393
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Book Description
This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings—and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice. “Lawyers at Work is a masterful collection, by one of the leading and award winning empirical researchers on legal institutions and the legal profession today, on the ‘black box’ of law practice. Spanning decades of research, Professor Kritzer presents data and findings on how lawyers bill, develop relationships with clients and opponents, manage scientific expertise, negotiate, and conduct their everyday work in a wide variety of case types. He explores and exposes the differences in both theories and data about the legal profession from virtually every major study there is on what lawyers actually do. If anyone wants to know about the real practices of lawyers in the past and present, and with important projections about the future, this is a must read. We can speculate about what lawyers really do, but Kritzer has the actual ‘facts.’” — Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California, Irvine, and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center “Through wide-ranging field research over 35 years Kritzer has done more than anyone to document the craft of lawyers at work. This extraordinary compilation finds the whole in a professional lifetime of research, cementing Kritzer’s reputation as pioneer and master of empirical legal research.” — Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School “Bert Kritzer has long been recognized as one of the most astute scholarly commentators on the U.S. legal profession. This collection of papers allows readers to see his body of work as a whole, and to appreciate the unique combination of quantitative and qualitative skills on which it rests. It is essential reading for anyone who wants to cut through the myths that pervade debates about policy and practice in civil justice.” — Robert Dingwall, Nottingham Trent University, UK
Author: Helen J. Nicholson
Publisher: BRILL
ISBN: 9047440390
Category : Law
Languages : en
Pages : 368
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Book Description
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Author: Matthew J. Greife
Publisher: Springer Nature
ISBN: 3031461339
Category : Social Science
Languages : en
Pages : 146
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Book Description
This book examines the lived experienes of death penalty defense lawyers and how they created a legal culture of resistance to the death penalty. It argues that an important social component of death penalty abolition in the state of Colorado was due to the efforts of capital defense attorneys. Specifically, it explores how the death penalty defense lawyers created and embraced a legal culture of resistance which compelled the attorneys to fight tenaciously in order to win life sentences for clients that had committed brutal homicides. A legal culture of resistance does not exist in a vacuum. Thwarting Death traces the lived experience of 15 death penalty defense lawyers from when they were kids all the way up through retirement to explain how a legal culture of resistance forms and lawyers operate within it after being established which in turn can have a massive influence on public policy outside of a courtroom; such as creating a social and political environment conducive to abolishing the death penalty.
Author: Jiří Přibáň
Publisher: Edward Elgar Publishing
ISBN: 1789905184
Category : Law
Languages : en
Pages : 416
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Book Description
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
Author: Azul A. Aguiar Aguilar
Publisher: Springer Nature
ISBN: 303152909X
Category : Judges
Languages : en
Pages : 182
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Book Description
Zusammenfassung: Her research makes an important methodological contribution to exploring legal culture and to comparative, ideational studies of judicial behavior. --Rachel Sieder, CIESAS, Mexico City. This rich sociolegal analysis is a welcome addition to the judicial and legal scholarship in Mexico and beyond. --Julio Ríos Figueroa, ITAM. This book explores the careers, professional trajectories and legal cultures of judges in the federal judiciary in Mexico. So far, there has been limited research on internal factors contributing to the understanding of judicial power dynamics in Mexico and other Latin American countries at large; this Work fills an important gap in the literature through its empirical investigation of internal legal cultures and judicial norms, offering new data, measurement strategies,and insights into the interactions between law, politics, norms, legal culture(s), as well as judicial behavior. Utilising an original survey, the chapters analyse judicial conceptualizations of role norms, legal cultures, proclivities for judicial activism, and judicial behavior. In so doing, this book contributes to understanding of underlying key internal factors of judicial activism or restraint, in turn moving forward the debate that seeks to explain judicial behavior reliant on internal and ideational perspectives. Complementing limited but existing studies of judicial politics in Mexico through its analysis of judges beyond those that sit at the Supreme Court, this book will be of particular interest to Latin-American judicial politics scholars due to its focus on the judicial power from internal perspectives as well as sub-national judges, filling a void in the literature vis-à-vis the study of courts in Latin America. This Work was originally written in Spanish, and the translation was done with the help of artificial intelligence. A subsequent human revision was done primarily in terms of content. Azul A. Aguiar Aguilar is Professor of political science in the Department of Sociopolitical and Legal Studies at ITESO, the Jesuit University of Guadalajara, Mexico. She holds a PhD in Political Science from the University of Florence, Italy. She teaches courses of political science, judicial politics and theories of democracy in undergraduate and graduate programs at ITESO and the University of Guadalajara. Her research interests include comparative judicial politics and democratization processes. Professor Aguiar has edited books and published several articles in peer review journals about democracy, courts, and justice-sector institutions. She has been distinguished as a member of the National Researchers System in Mexico
Author: Eric A. Feldman
Publisher: Cambridge University Press
ISBN: 9780521779647
Category : Law
Languages : en
Pages : 238
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Book Description
The Ritual of Rights in Japan challenges the conventional wisdom that the assertion of rights is fundamentally incompatible with Japanese legal, political and social norms. It discusses the creation of a Japanese translation of the word 'rights', Kenri; examines the historical record for words and concepts similar to 'rights'; and highlights the move towards recognising patients' rights in the 1960s and 1970s. Two policy studies are central to the book. One concentrates on Japan's 1989 AIDS Prevention Act, and the other examines the protracted controversy over whether brain death should become a legal definition of death. Rejecting conventional accounts that recourse to rights is less important to resolving disputes than other cultural forms,The Ritual of Rights in Japan uses these contemporary cases to argue that the invocation of rights is a critical aspect of how conflicts are articulated and resolved.
