Juridik

The Public's Law shows how bureaucracy can advance democracy. It develops a Progressive understanding of law and politics from American thinkers' transformation of German theories of the state, emphasizing that the state must provide the goods people need to participate in democratic politics. Using examples from the New Deal and the Civil Rights Era, the book develops a normative theory with implications for deliberative democratic theory, constitutional theory, and administrative law.

How and when should we end a war? What place should the pathways to a war's end have in war planning and decision-making? This volume treats the topic of ending war as part and parcel of how wars begin and how they are fought - a unique, complex problem, worthy of its own conversation. New essays by leading thinkers and practitioners in the fields of philosophical ethics, international relations, and military law reflect on the problem and show that it is imperative that we address not only the resolution of war, but how and if a war as waged can accommodate a future peace. The essays collectively solidify the topic and underline its centrality to the future of military ethics, strategy, and war.

Highlights the agency of local people in enabling transitional justice in post-conflict Sierra Leone. Moving past questions of institutional effectiveness, Laura S. Martin explores the diversity of post-conflict experiences and shows how individuals and communities enact justice on their own terms.

After examining more than 700 lawsuits decided by the supreme courts of former slave states, Giuliana Perrone asserts that slavery remained actionable in American law well after its ostensible demise. An important study for scholars of slavery and the US Civil War.

Combining moment-by-moment drama with an emotional story of friendship and bravery, Escape from Kabul is also a searing insight into the captive fate of women in Afghanistan. In the twenty years since 2001, Afghan women obtained legal degrees, became judges and set out to transform their country - tackling corruption, and reducing horrifying levels of violence against women and children. These educated and powerful women led the mission to build a modern democracy that respected the rule of law and human rights. However, when Western forces withdrew in August 2021, the women judges of Afghanistan faced mortal danger. Escape from Kabul is the extraordinary, never-before-told story of their escape, and the shocking fates of those who were unable to flee. Bestselling, veteran journalist Karen Bartlett has had unique access to many of the women involved, including those in exile and the judges still trapped in Afghanistan, as well as the international network of women judges who were vital to the escape effort.

This book explores the foundations of the principle of altruism, examining the contrasting justifications for the duty of easy rescue advanced by authors such as Mill, Bentham and Lord Macaulay.

In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.

"The first comprehensive examination of the development of judicial elections in the American South The practice of choosing state judges by popular election is a unique aspect of American democracy. First appearing in Mississippi in 1832 and then sweeping across the United States, judicial elections had a distinctly Southern origin. Prior scholarship seeking to explain the broad acceptance of the elected judiciary mainly relied on the records of northern-state constitutional conventions. In Democracy and the Courts, David M. Gold, focusing on the nineteenth-century American South, offers the first comprehensive e exploration of the advent of this often-controversial democratic reform in the nineteenth-century American South. Making intensive use of primary sources, such as constitutional convention proceedings, legislative journals, and newspapers, in Democracy and the Courts Gold explores the various paths taken by southern states toward the elective judiciary and the reasons why some states accepted judicial elections only partially or rejected them altogether. He considers the impact of judicial elections on judicial review before the Civil War and looks to the last quarter of the nineteenth century, assessing the final and ironic triumph of the elective judiciary during the decidedly undemocratic Jim Crow era"--

The origin of COVID-19 has sparked relentless debate since 2020. But if we follow the science, the evidence for a lab-based origin is undeniable. In this book, we delve into the virus's genome, tracing compelling clues that point directly to human engineering. Yet this book's mission isn't just to settle the debate on COVID's origins; it's a wake-up call and a call to action. While the COVID-19 pandemic may be fading, the threat of future outbreaks looms--and they may be far deadlier. Irresponsible gain-of-function research, like the kind responsible for SARS-CoV-2, is accelerating at an alarming rate, unregulated and unchecked. This book urges a collective reckoning, highlighting the critical need to rein in gain-of-function experiments that toy with viral lethality or super-charge airborne transmission. If left unchecked, such research could lead to pandemics with catastrophic impacts, eclipsing the global turmoil of COVID-19. The author lays out a comprehensive set of policy changes at the federal and international level that, if implemented, could prevent a future, more deadly outbreak, while allowing important research to continue. The days of treating high-stakes virus manipulation as a "Wild West" science must end--before it ends civilization as we know it.

First published in 1991, Social Security and Social Control (now with a new preface by the author) takes a fresh look at social security policy and demonstrates how the disciplinary effects of social security and relief programmes are more extensive, pervasive, and subtle than is commonly supposed.

This title provides a series of state-specific chapters cover key aspects of each state's trust laws in the most populous states, as well as key jurisdictions like Delaware, Nevada, New Hampshire, South Dakota, Tennessee, and Wyoming.

This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

This book explores and traces the multiple pathways that led to the creation and production of transitional justice archives in selected Latin American countries.

This book argues that-far from abandoning the oft-emphasized, but little realized promise of civic education as a means of cultivating critical thinking skills and democratic character-we should embrace it, proposing a reimagined civic education founded in teaching students in primary and secondary school law and legal reasoning.

This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context.

In the modern world, references to Shakespeare frequently mark moments of catastrophe and of the longing for restoring social order. Drawing on cases from around the world, this book interrogates the idea that performing or reading Shakespeare has socially reparative value.

The book considers the implementation of, and challenges faced by, human rights protection within the prison context, and explores some of the reforms that Ireland has undertaken in this area over the past 15 years, including the introduction of a new complaint system and establishment of an Office of the Inspector of Prisons.

This book provides an innovative perspective on labour law within the platform economy. It covers judicial decisions on the classification of platform work, collective bargaining, social protection, and ownership of workers' personal data. It will be of interest to students in the field of worker's rights, platform economy and labour law.

This book examines the regulatory framework for foreign direct investments, most notably the bilateral investment treaties which provide several guarantees that minimise the exposure of risks to foreign investors in a host State. It will be of interest to students, academics, and practitioners in the field of international investment law.

This book investigates the intersection of religion and modern law, questioning the private-public dichotomy of liberal constitutionalism which relegates religion to the private sphere. The book will be a valuable resource for students and academics working on Law, Religious Studies, History and Political Science.

This book identifies and discusses problems and opportunities for the future theory and practice of outer space law. This book is both practical and theoretical in scope. It will be of interest to academics, researchers and students and will be useful to international organisations, diplomats and other government officials and policymakers.