New books by subject
K - Law - Concordia University Libraries Recent Acquisitions
Items in Law that were added to the Concordia University Libraries collection in the last 60 days.
Imperialism, sovereignty, and the making of international law / Antony AnghieKZ 3410 A54 2007
This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.
Critical race theory : an introduction / Richard Delgado and Jean Stefancic ; foreword by Angela HarrisKF 4755 D454 2017
Updated to include the Black Lives Matter movement, the presidency of Barack Obama, the rise of hate speech on the Internet, and more.
Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights.
As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study.
Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
ASCE standard ASCE/EWRI 40-18 : regulated riparian model water codeKF 645 R448 2018eb
Prepared by the Water Regulatory Standards Committee of the Standards Development Council of the Environmental and Water Resources Institute (EWRI) of the American Society of Civil Engineers
Regulated Riparian Model Water Code , ASCE/EWRI 40-18, provides a complete, comprehensive, and well-integrated statutory scheme for creating or refining a regulated riparian system of water law. This system uses a requirement of administrative permits for larger water uses, issued based on the well-established principles of riparian rights, to balance and coordinate those uses in times where demand is approaching or outstripping the available water. This standard addresses allocation of water for particular uses and coordination of water allocation processes with water quality regulatory processes.
This standard covers declaration of policy; basic definition for the code; waters subject to allocation and those waters exempt from allocation; general administration authority, planning responsibilities, and coordination with other branches of government; enforcement and dispute resolution; establishing a water right, including the requirements of a permit and permit procedures; scope of the water right, including modifications and restriction during shortages; multijurisdictional transfers; and water conservation and supply augmentation.
Standard ASCE/EWRI 40-18 provides engineers, attorneys, and government officials guidance on the allocation of water rights among competing interests and the resolution of quantitative conflicts over water.
Introduction to law and global governance / Elaine FaheyKZ 1268 F34 2018
This innovative textbook introduces the idea of law existing, operating, and functioning beyond the Nation State. Offering a structured approach, Elaine Fahey breaks down the core aspects of theory, practice and regulation in order to examine the key conceptual and factual components of the relationship between law and global governance. An excellent teaching resource for both undergraduate and postgraduate levels, the key features of this textbook include: * An interdisciplinary approach to the understanding of the interaction of law and globalisation to provide readers with snapshots of key thematic issues* Four substantive chapters on global governance, actors, sovereignty, and borders and territory to help the reader engage with a diversity of themes and topics, united under broader concepts which are at the heart of understanding what is beyond the Nation State* Two further chapters on trade and data to immerse the reader further into areas of law beyond the State which are important in contemporary times* Highlighted boxes to help identify key information, whilst further reflection points and suggested further reading at the end of each chapter offer context to the topics discussed. With its broad theoretical reach, this textbook will be an invaluable teaching and learning tool for students of law, international relations, politics, political science, governance, and transnational law and governance.
Our Selfish Tax Laws : Toward Tax Reform That Mirrors Our Better Selves / Anthony C. InfantiKF 6289 I49 2018eb
Why tax law is not just a pocketbook issue but a reflection of what and whom we, as a society, value.
Most of us think of tax as a pocketbook issue: how much we owe, how much we'll get back, how much we can deduct. In Our Selfish Tax Laws , Anthony Infanti takes a broader view, considering not just how taxes affect us individually but how the tax system reflects our culture and society. He finds that American tax laws validate and benefit those who already possess power and privilege while starkly reflecting the lines of difference and discrimination in American society based on race, ethnicity, socioeconomic class, gender, sexual orientation and gender identity, immigration status, and disability. Infanti argues that instead of focusing our tax reform discussions on which loopholes to close or which deductions to allow, we should consider how to make our tax system reflect American ideals of inclusivity rather than institutionalizing exclusion.
After describing the theoretical and intellectual underpinnings of his argument, Infanti offers two comparative case studies, examining the treatment of housing tax expenditures and the unit of taxation in the United States, Canada, France, and Spain to show how tax law reflects its social and cultural context. Then, drawing on his own work and that of other critical tax scholars, Infanti explains how the discourse surrounding tax reform masks the many ways that the American tax system rewards and reifies privilege. To counter this, Infanti urges us to work together to create a society with a tax system that respects and values all Americans.
Blue and Green : The Drive for Justice at America's Port / Scott CummingsKFC 30.5 D4 C86 2017eb
How an alliance of the labor and environmental movements used law as a tool to clean up the trucking industry at the nation's largest port.
In Blue and Green, Scott Cummings examines a campaign by the labor and environmental movements to transform trucking at America's largest port in Los Angeles. Tracing the history of struggle in an industry at the epicenter of the global supply chain, Cummings shows how an unprecedented "blue-green" alliance mobilized to improve working conditions for low-income drivers and air quality in nearby communities. The campaign for "clean trucks," Cummings argues, teaches much about how social movements can use law to challenge inequality in a global era.
Cummings shows how federal deregulation created interrelated economic and environmental problems at the port and how the campaign fought back by mobilizing law at the local level. He documents three critical stages: initial success in passing landmark legislation requiring port trucking companies to convert trucks from dirty to clean and drivers from contractors to employees with full labor rights; campaign decline after industry litigation blocked employee conversion; and campaign resurgence through an innovative legal approach to driver misclassification that realized a central labor movement goal--unionizing port truckers.
Appraising the campaign, Cummings analyzes the tradeoffs of using alternative legal frameworks to promote labor organizing, and explores lessons for building movements to regulate low-wage work in the "gig" economy. He shows how law can bind coalitions together and split them apart, and concludes that the fight for legal reform never ends, but rather takes different turns on the long road to justice.
Boats, Borders, and Bases : Race, the Cold War, and the Rise of Migration Detention in the United States / Jenna M. Loyd and Alison MountzKF 4800 L69 2018eb
Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States's migration detention system.
Cornerstone Investors : A Practice Guide for Asian IPOs / Philippe EspinasseKMC 314 E773 2018eb
Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board : Conflict, Compromise, and Constitutional Interpretation / David M. O'BrienKF 228 B76 O27 2017eb
Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown , citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life.
Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over "original intent" versus a "living Constitution," the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe , for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.
When Lawyers Screw Up : Improving Access to Justice for Legal Malpractice Victims / Herbert M. Kritzer and Neil VidmarKF 313 K75 2018eb
Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors.
A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector--difficulties that often deny victims redress, even when they have suffered significant harm.
When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
Marbury v. Madison : The Origins and Legacy of Judicial Review, Second Edition, Revised and Expanded / William E. NelsonKF 4575 N45 2000eb
On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court's standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.
Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court's prestige and power rather than have it serve partisan political agendas.
Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis's articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall's foundational decision.
Before the Law : The Complete Text of Préjugés / Jacques Derrida ; translated by Sandra van Reenen and Jacques de VilleK213 .D47 2018eb
Thinking judgment in relation to the work of Jean-François Lyotard
"How to judge--Jean-François Lyotard?" It is from this initial question that one of France's most heralded philosophers of the twentieth century begins his essay on the origin of the law, of judgment, and the work of his colleague Jean-François Lyotard. If Jacques Derrida begins with the term préjugés , it is in part because of its impossibility to be rendered properly in other languages and also contain all its meanings: to pre -judge, to judge before judging, to hold prejudices, to know "how to judge," and more still, to be already prejudged oneself.
Striving to contain that which comes before the law, that is in front of the law and also prior to it, how to judge Jean-François Lyotard then becomes perhaps a beneficial attempt for Derrida to explore humanity's rapport with judgment, origins, and naming. For how does one come to judge the author of the Differend ? How does one abstain from judgment to accept the term préjugés as suspending judgment and at once as taking into account the impossibility of speaking before the law, prior to naming or judging? If this task indeed seems insurmountable, it is the site where Lyotard's work itself is played out. Hence this sincere and intriguing essay presented by Jacques Derrida, published here for the first time in English.
Shariah Legal Practice in Nigeria 1956-1983 / Musa Ali AjetunmobiKTA3474 .A947 2017
This book contains and in-depth study of the Shariah legal system generally, and its practice in Nigeria, in particular from 1956 to 1983. The book covers the meaning and scope of the Shariah: the general and legal precepts; it legal theory and legal practice; the development of Shariah legal practice and legal history in Nigeria.
Medieval Canon Law / Kriston R. RennieKBR160 .R466 2018
Canon law is an unavoidable theme for medieval historians. It intersects with every aspect of medieval life and society, and at one point or another, every medievalist works on the law. In this book, Kriston Rennie looks at the early medieval origins and development of canon law though a social history framework, with a view to making sense of a rich and complex legal system and culture, and an equally rich scholarly tradition. It was in the early Middle Ages that the ancient traditions, norms, customs, and rationale of the Church were shaped into legislative procedure. The structures and rationale behind the law's formulation - its fundamental purpose, reason for existence and proliferation, and methods of creation and collection - explain how the medieval Church and society was influenced and controlled. They also, as this short book argues, explain how it ultimately functioned.
The Supreme Court : An Essential History, Second Edition / Peter Charles Hoffer, Williamjames Hull Hoffer, N.E. H. HullKF 8742 H64 2018eb
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation's history. Now a veteran team of talented historians--including the editors of the acclaimed Landmark Law Cases and American Society series--have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.
The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded--or failed to respond--to the plight of the underdog.
Each chapter covers the Court's years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how--in times of war, class strife, or moral revolution--the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court's opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.
Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court's role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
The Clamor of Lawyers : The American Revolution and Crisis in the Legal Profession / Peter Charles Hoffer and Williamjames Hull HofferKF 361 H64 2018eb
The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers' revolution.
Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams's idol James Otis, Jr., Pennsylvania's John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
Beyond the Borders of the Law : Critical Legal Histories of the North American West / edited by Katrina Jagodinsky, Pablo MitchellKF 361 A2 B49 2018eb
In the American imagination "the West" denotes a border--between civilization and wilderness, past and future, native and newcomer--and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power.
The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women's rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.
Child Labor in America : The Epic Legal Struggle to Protect Children / John A. FliterKF 3552 F55 2018eb
Child labor law strikes most Americans as a fixture of the country's legal landscape, involving issues settled in the distant past. But these laws, however self-evidently sensible they might seem, were the product of deeply divisive legal debates stretching over the past century--and even now are subject to constitutional challenges. Child Labor in America tells the story of that historic legal struggle. The book offers the first full account of child labor law in America--from the earliest state regulations to the most recent important Supreme Court decisions and the latest contemporary attacks on existing laws.
Children had worked in America from the time the first settlers arrived on its shores, but public attitudes about working children underwent dramatic changes along with the nation's economy and culture. A close look at the origins of oppressive child labor clarifies these changing attitudes, providing context for the hard-won legal reforms that followed. Author John A. Fliter describes early attempts to regulate working children, beginning with haphazard and flawed state-level efforts in the 1840s and continuing in limited and ineffective ways as a consensus about the evils of child labor started to build. In the Progressive Era, the issue finally became a matter of national concern, resulting in several laws, four major Supreme Court decisions, an unsuccessful Child Labor Amendment, and the landmark Fair Labor Standards Act of 1938.
Fliter offers a detailed overview of these events, introducing key figures, interest groups, and government officials on both sides of the debates and incorporating the latest legal and political science research on child labor reform. Unprecedented in its scope and depth, his work provides critical insight into the role child labor has played in the nation''s social, political, and legal development.
Ottoman Rule of Law and the Modern Political Trial : The Yildiz Case / Avi RubinKKX 41 Y55 R83 2018eb
The U.S. Constitution and Secession : A Documentary Anthology of Slavery and White Supremacy / edited by Dwight T. Pitcaithley, foreword by Sanford LevinsonKF 4541 P58 2018eb
Five months after the election of Abraham Lincoln, which had revealed the fracturing state of the nation, Confederates fired on Fort Sumter and the fight for the Union began in earnest. This documentary reader offers a firsthand look at the constitutional debates that consumed the country in those fraught five months. Day by day, week by week, these documents chart the political path, and the insurmountable differences, that led directly--but not inevitably--to the American Civil War.
At issue in these debates is the nature of the U.S. Constitution with regard to slavery. Editor Dwight Pitcaithley provides expert guidance through the speeches and discussions that took place over Secession Winter (1860-1861)--in Congress, eleven state conventions, legislatures in Tennessee and Kentucky, and the Washington Peace Conference of February, 1861. The anthology brings to light dozens of solutions to the secession crisis proposed in the form of constitutional amendments--90 percent of them carefully designed to protect the institution of slavery in different ways throughout the country. And yet, the book suggests, secession solved neither of the South's primary concerns: the expansion of slavery into the western territories and the return of fugitive slaves.
What emerges clearly from these documents, and from Pitcaithley's incisive analysis, is the centrality of white supremacy and slavery--specifically the fear of abolition--to the South's decision to secede. Also evident in the words of these politicians and statesmen is how thoroughly passion and fear, rather than reason and reflection, drove the decision making process.
Policing Sex and Marriage in the American Military : The Court-Martial and the Construction of Gender and Sexual Deviance, 1950-2000 / Kellie Wilson-BufordKF 7270 B84 2018eb
The American military's public international strategy of Communist containment, systematic weapons build-ups, and military occupations across the globe depended heavily on its internal and often less visible strategy of controlling the lives and intimate relationships of its members. From 1950 to 2000, the military justice system, under the newly instituted Uniform Code of Military Justice, waged a legal assault against all forms of sexual deviance that supposedly threatened the moral fiber of the military community and the nation. Prosecution rates for crimes of sexual deviance more than quintupled in the last quarter of the twentieth century.
Drawing on hundreds of court-martial transcripts published by the Judge Advocate General of the Armed Forces, Policing Sex and Marriage in the American Military explores the untold story of how the American military justice system policed the marital and sexual relationships of the service community in an effort to normalize heterosexual, monogamous marriage as the linchpin of the military's social order. Almost wholly overlooked by military, social, and legal historians, these court transcripts and the stories they tell illustrate how the courts' construction and criminalization of sexual deviance during the second half of the twentieth century was part of the military's ongoing articulation of gender ideology.
Policing Sex and Marriage in the American Military provides an unparalleled window into the historic criminalization of what were considered sexually deviant and violent acts committed by U.S. military personnel around the world from 1950 to 2000.
Routledge handbook of food as a commons / edited by Jose Luis Vivero-Pol, Tomaso Ferrando, Olivier de Schutter and Ugo MatteiK 3626 R68 2019eb
From the scientific and industrial revolution to the present day, food - an essential element of life - has been progressively transformed into a private, transnational, mono-dimensional commodity of mass consumption for a global market. But over the last decade there has been an increased recognition that this can be challenged and reconceptualized if food is regarded and enacted as a commons.
This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. Chapters do not define the notion of commons but engage with different schools of thought:the economic approach, based on rivalry and excludability; the political approach, recognizing the plurality of social constructions and incorporating epistemologies from the South; the legal approach that describes three types of proprietary regimes (private, public and collective) and different layers of entitlement (bundles of rights); and the radical-activist approach that considers the commons as the most subversive, coherent and history-rooted alternative to the dominant neoliberal narrative.
These schools have different and rather diverging epistemologies, vocabularies, ideological stances and policy proposals to deal with the construction of food systems, their governance, the distributive implications and the socio-ecological impact on Nature and Society.
The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South-South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings.
Logic in the theory and practice of lawmaking / Michał Araszkiewicz, Krysztof Płeska, editorsK 213 L64 2015eb
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making.
Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems--and some possible solutions--as seen through the work of leading contemporary academics.
The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law.
How does logic inform lawmaking?
Are legal systems consistent and complete?
How can legal rules be represented by means of formal calculi and visualization techniques?
Does the structure of statutes or of legal systems resemble the structure of deductive systems?
What are the logical relations between the basic concepts of jurisprudence that constitute the system of law?
How are theories of legal interpretation relevant to the process of legislation?
How might the statutory text be analysed by means of contemporary computer programs?
These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Talking back to the Indian Act : critical readings in settler colonial histories / Mary-Ellen Kelm and Keith D. SmithKE 7709.2 K45 2018
Talking Back to the Indian Act is a comprehensive "how-to" guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada's relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading.
Through an analysis of thirty-five sources pertaining to the Indian Act--addressing governance, gender, enfranchisement, and land--the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.
Good judgment : making judicial decisions / Robert J. SharpeK 2146 S53 2018
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task?
In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice.
Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Justice behind the Iron Curtain : Nazis on trial in communist Poland / Gabriel N. Finder and Alexander V. PrusinKZ 1174.5 F56 2018
In Justice Behind the Iron Curtain , Gabriel N. Finder and Alexander V. Prusin examine Poland's role in prosecuting Nazi German criminals during the first decade and a half of the postwar era. Finder and Prusin contend that the Polish trials of Nazi war criminals were a pragmatic political response to postwar Polish society and Poles' cravings for vengeance against German Nazis. Although characterized by numerous inconsistencies, Poland's prosecutions of Nazis exhibited a fair degree of due process and resembled similar proceedings in Western democratic counties.
The authors examine reactions to the trials among Poles and Jews. Although Polish-Jewish relations were uneasy in the wake of the extremely brutal German wartime occupation of Poland, postwar Polish prosecutions of German Nazis placed emphasis on the fate of Jews during the Holocaust.
Justice Behind the Iron Curtain is the first work to approach communist Poland's judicial postwar confrontation with the legacy of the Nazi occupation.
Civil liability for nuclear damage; official recordsK 950 A25 A3 1964