Everyone has some idea what lawyers do. And most people have at least heard of criminologists. But who knows what “law and society” is? A lawyer friend of mine, a really smart guy, asks me regularly, “What exactly do you people do?” Once when I was at the annual meeting of the Law and Society Association, my taxi driver was making the usual idle conversation and inquired what I was in town for. I told him I was attending the Law and Society Association’s annual meeting. His interest suddenly aroused, he turned to face me and asked with some urgency, “I’ve been wondering, when is the best time to plant a lawn?”

Кл.слова:
юриспруденція -- законодавство -- держава

The idea for this edited collection arose out of a series of interdisciplinary workshops entitled ‘Gender and Migration in 21st Century Europe’ hosted jointly by the Migration Unit and the Feminist Legal Research Unit at the University of Liverpool between October 2006 and April 2007. The same title is adopted for this collection which draws on the presentations and discussions that took place during the workshops coupled with additional invited contributions from notable scholars in the field. In referring to ‘gender’ the aim is to explore how social, economic, legal, political and cultural processes implied by migration govern and reinforce relations between the sexes – not just between men and women, but between female and male children, and between girls and women. Our interpretation of ‘migration’ is also broad to encompass a range of geographical, economic and personal trajectories into and within Europe as well as the emergence and effectiveness of new regulatory mechanisms to address issues of ‘forced’ migration (notably trafficking), cross-national family breakdown and employment migration in an expanding European Union.

Кл.слова:
права дитини -- кар'єра жінки

The prohibition of alcohol was a mistake—a historic policy gaffe and a political fi asco. In the language of policy studies, it was a “suboptimal” policy option: a bad idea when compared with the more effective alternatives available. Novelist, historian, and social critic H. G. Wells famously lampooned “the crowning silliness of making prohibition a part of the Constitution of the United States” as the Eighteenth Amendment begot rampant corruption, bootlegging, and crime, eroded respect for law, and eliminated a valuable stream of government revenue by decimating an entire industry while miserably failing to achieve its purported aims of national sobriety, economic productivity, and communal moral salvation

Кл.слова:
сухий закон -- заборона

This book examines the doctrine of transgenerational punishment found in the Decalogue-that is, the idea that God punishes sinners vicariously and extends the punishment due them to three or four generations of their progeny. Though it was "God-given" law, the unfairness of punishing innocent people merely for being the children or grandchildren of wrongdoers was clearly recognized in ancient Israel. A series of inner-biblical and post-biblical responses to the rule demonstrates that later writers were able to criticize, reject, and replace this problematic doctrine with the alternative notion of individual retribution. From this perspective, the formative canon is the source of its own renewal: it fosters critical reflection upon the textual tradition and sponsors intellectual freedom. To support further study, this book includes a valuable bibliographical essay on the distinctive approach of inner-biblical exegesis showing the contributions of European, Israeli, and North American scholars. An earlier version of the volume appeared in French as L′Herméneutique de l′innovation: Canon et exégèse dans l′Israël biblique. This new Cambridge release represents a major revision and expansion of the French edition, nearly doubling its length with extensive new content. Legal Revision and Religious Renewal in Ancient Israel opens new perspectives on current debates within the humanities about canonicity, textual authority, and authorship. Bernard M. Levinson holds the Berman Family Chair of Jewish Studies and Hebrew Bible at the University of Minnesota. His research focuses on biblical and cuneiform law, textual reinterpretation in the Second Temple period, and the relation of the Bible to Western intellectual history. His book Deuteronomy and the Hermeneutics of Legal Innovation (1997) won the 1999 Salo W. Baron Award for Best First Book in Literature and Thought from the American Academy for Jewish Research. He is also the author of "The Right Chorale" : Studies in Biblical Law and Interpretation (2008), and editor or coeditor of four volumes, most recently, The Pentateuch as Torah: New Models for Understanding Its Promulgation and Acceptance (2007). The interdisciplinary significance of his work has been recognized with appointments to the Institute for Advanced Study (1997); the Wissenschaftskolleg zu Berlin/Berlin Institute for Advanced Study (2007); and, most recently, the National Humanities Center, where he will serve as the Henry Luce Senior Fellow in Religious Studies for the 2010-2011 academic year.

Кл.слова:
історія -- закон -- релігія

Existen dos tendencias de las política criminal con respecto a la criminalidad: la primera, la reintegración social del autor, y segunto, hacerle frente mediante la firmeza y la disuación, que es la que está en boga. Gran parte de la política criminal en si misma, al ser parte de la política en general, es usada para dar mas popularidad a los políticos, los cuales no tienen la menor idea de lo que realmente ocurre con el problema de la criminalidad. Así se vé como éstos políticos han desordenado el sistema Penal, al imponer sus puntos de vista con respecto a la aplicación siniestra de la pena privativa de libertad. Desde el punto de vista de Roxin, solo se debe aplicar la pena privativa de libartad a casos realmente graves como lo son los delitos capitales, y no se debería aplicar a dicha a delitos menores...

Кл.слова:
право -- закон

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Кл.слова:
суд -- політика

This book explores the thesis that legal roles force people to engage in moral combat, an idea that is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.

Кл.слова:
закон -- мораль

Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!

Кл.слова:
право

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term "human rights" (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights--for instance the idea of a human right to health. His goal is a substantive account of human rights--an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now--the job of this book--to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

Кл.слова:
право

An Introduction to Rights is the only accessible and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically and discusses important historical events such as the French Revolution. It deals with historical figures, including Grotius, Paley, Hobbes, Locke, Bentham, Burke, Godwin, Mill, and Hohfeld, and covers contemporary debates, including consequentialism versus contractualism. Rights come in various types – human, moral, civil, political, and legal – and claims about who has a right, and to what, are often contested.What are rights? Are they timeless and universal, or merely conventional? How are they related to other morally significant values, such as well-being, autonomy, and community? Can animals have rights? Or fetuses? Do we have a right to do as we please so long aswe do not harmothers? ProfessorWilliam A. Edmundson addresses these issues from both philosophical and legal perspectives.

Кл.слова:
правознавство -- юриспруденція

The Author's Dueoffers an institutional and cultural history of books, the book trade, and the bibliographic ego. Joseph Loewenstein traces the emergence of possessive authorship from the establishment of a printing industry in England to the passage of the 1710 Statute of Anne, which provided the legal underpinnings for modern copyright. Along the way he demonstrates that the culture of books, including the idea of the author, is intimately tied to the practical trade of publishing those books. As Loewenstein shows, copyright is a form of monopoly that developed alongside a range of related protections such as commercial trusts, manufacturing patents, and censorship, and cannot be understood apart from them. The regulation of the press pitted competing interests and rival monopolistic structures against one anotherguildmembers and nonprofessionals, printers and booksellers, authors and publishers. These struggles, in turn, crucially shaped the literary and intellectual practices of early modern authors, as well as early capitalist economic organization. With its probing look at the origins of modern copyright, The Author's Duewill prove to be a watershed for historians, literary critics, and legal scholars alike.

Кл.слова:
копірайт -- інтелектуальна власність

Cultura Librees un libro fundamental para comprender los problemas y prejuicios que las nuevas regulaciones sobre la propiedad intelectual imponen sobre el progreso de la cultura y la difusión del conocimiento en el contexto de la sociedad digital. Lessig plantea que la lógica comercial bajo la se están articulando las leyes del copyright(derecho de autor, entre otros) es una de las principales barreras para el desarrollo de la cultura y particularmente en el ámbito digital; la cultura se ha gestado a lo largo de los siglos, a través de citas y creaciones, basadas o inspiradas en el trabajo de otros. Su autor nos muestra cómo desde la aparición Internet se está librando una verdadera batalla entre quienes desean controlar este nuevo espacio de creación y difusión del conocimiento mediante mayores y más restrictivas regulaciones sobre derechos de autor, y quienes promueven los principios de la libre circulación del conocimiento y la información, enfrentándose, en la práctica, el idea de una cultura libre a la del permiso.

Кл.слова:
авторське право -- інтернет

Many conscientious mental health professionals caring for disturbed patients have either unscientifically formulated for themselves notions of "evil" to explain the behavior of their patients, or have been given patients described by judges and the press as "evil." Although such notions may be deemed unscientific, beyond the purview of medicine, and better suited for discussion by theologians and moral philosophers, the fact remains that these notions of "evil" have a definite impact on the practice of psychiatry, if not all medical fields. In Forensic Psychiatry: Influences of Evil, Tom Mason brings together an international panel of experts from diverse specialties to examine the idea of "evil" in a medical context, specifically a mental health setting, to consider how the concept can be usefully interpreted, and to elucidate its relationship to forensic psychiatry. The authors challenge the belief that the concept of "evil" plays no role in "scientific" psychiatry and is not helpful to our understanding of aberrant human thinking and behavior. Among the viewpoints up for debate are a consideration of organizations as evil structures, the "medicalization" of evil, destruction as a constructive choice, violence as a secular evil, talking about evil when it is not supposed to exist, and the influence of evil on forensic clinical practice. Among the highlights are a psychological exploration of the notion of "evil" and a variety of interesting research methods used to explore the nature of "evil." Illuminating and provocative, Forensic Psychiatry: Influences of Evil offers mental health professionals a challenging survey of how the concept of "evil" can be understood from a variety of viewpoints and integrated into forensic psychiatry.

Кл.слова:
судова медицина -- судмедекспертиза

Americans cannot live with judicial review, but they cannot live without it. There is something characteristically American about turning the most divisive political questions - like freedom of religion, same-sex marriage, affirmative action, and abortion - into legal questions with the hope that courts can answer them. In Judicial Review in an Age of Moral Pluralism Ronald C. Den Otter addresses how judicial review can be improved to strike the appropriate balance between legislative and judicial power under conditions of moral pluralism. His defense of judicial review is predicated on the imperative of ensuring that the reasons that the state offers on behalf of its most important laws are consistent with the freedom and equality of all persons. Den Otter ties this defense to a theory of constitutional adjudication based on John Rawls's idea of public reason and argues that a law that is not sufficiently publicly justified is unconstitutional, thus addressing when courts should invalidate laws and when they should uphold them even in the midst of reasonable disagreement about the correct outcome in particular constitutional controversies.

Кл.слова:
правоохоронна діяльність -- конститутція

This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.

Кл.слова:
батьківські права -- батьківські обов'язки