Collected Essays in Law – serie

This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.

Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader’s own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.

Law is a double-edged sword. It is not just an instrument for implementing social policy, social control, and social rights, but an instrument, in the hands of those with the motivation, power and economic resources to wield it, for undermining them. This topical volume presents seminal socio-legal essays encompassing a diverse range of issues, including criminal justice, tax avoidance and corporate finance, to fully explore the topics of crime, compliance and control.

In this collection of lectures and essays with seminal judgments, the author describes a gradual development of the United Kingdom as a constitutional state. Democracy through Law traces the recent phenomenon of the constitutionalisation of public law and analyses the present state of human rights law. Also discussed are topical international law issues including the Pinochet case to "Guantanamo: The Legal Black Hole".

This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.

The scandal of this collection lies not just in its equating law and resistance but also in its consequent revision of those critical, realist, social, and even positivist theories that would constitute law in its dependence on sovereign or society, on some surpassing power, or on the state of the judge's digestion. There is as well a further provocation offered by the collection in that the most marginalized of resistances through law are found to be the most destabilizing of standard paradigms of legal authority. Instances of such seeming marginality explored here include the resistances of colonized and indigenous peoples and resistance pursued through international law. What this 'marginal' focus also reveals is the constituent connection between modernism, imperialism and that legalism produced by the ready reduction of law in terms of sovereign, society and such. In all, the collection makes a radical contribution to social, political and postcolonial theories of law.

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.

In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

The relationship between Islam and human rights forms an important aspect of contemporary international human rights debates. Current international events have made the topic more relevant than ever in international law discourse. Professor Abdullahi An-Na'im is undoubtedly one of the leading international scholars on this subject. He has written extensively on the subject and his works are widely referenced in the literature. His contributions on the subject are however scattered in different academic journals and book chapters. This anthology is designed to bring together his academic contributions on the subject under one cover, for easy access for students and researchers in Islamic law and human rights.

The relationship between Islam and human rights forms an important aspect of contemporary international human rights debates. Current international events have made the topic more relevant than ever in international law discourse. Professor Abdullahi An-Na'im is undoubtedly one of the leading international scholars on this subject. He has written extensively on the subject and his works are widely referenced in the literature. His contributions on the subject are however scattered in different academic journals and book chapters. This anthology is designed to bring together his academic contributions on the subject under one cover, for easy access for students and researchers in Islamic law and human rights.

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.

In this collection of lectures and essays with seminal judgments, the author describes a gradual development of the United Kingdom as a constitutional state. Democracy through Law traces the recent phenomenon of the constitutionalisation of public law and analyses the present state of human rights law. Also discussed are topical international law issues including the Pinochet case to "Guantanamo: The Legal Black Hole".

This book collects Mark Tushnet's essays on legal scholarship and legal education written between the 1970s and the end of the twentieth century. The essays deal with the development of critical legal studies and its current state, with persistent questions about the intellectual status of legal scholarship, with interdisciplinary legal scholarship (including law and economics), and with selected topics in legal pedagogy. Taken as a whole, the essays provide a good overview of Professor Tushnet's contributions to the intellectual history of legal scholarship and education in the United States.

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.