The study of international law has, in some ways, undergone dramatic changes over the past centuries, but it has also stayed remarkably the same. The subject matter with international legal components has expanded dramatically and the depth of international law’s reach has also increased. Froman early reliance on theological writings and natural law, international law has evolved substantially to include a variety of sources for rules, most notably custom and treaties. Early international law focused extensively on the territory of states and the regulation of the use of armed force.

Кл.слова:
міжнародні відносини

In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern constitution -- including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also moves into the esoteric, discussing the theoretical concepts behind the fundamentals of written constitutions and examining in-depth some of the most important constitutional charters from around the world. In assaying how states put the structural ideas into practice, Breslin asks probing questions about why -- and if -- constitutions matter. His answer is a resounding yes. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state's foundational document must address. In doing so, Breslin draws a critically important distinction between constitutional texts and constitutional practice.

Кл.слова:
конституція

The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.

Кл.слова:
теорія суспільства -- теорія права -- правопорушення -- конституціоналізму

In Proving the Unprovable, Professor Slobogin has done the undoable; he has produced a probing critique of the legal rules for admitting expert mental health testimony that had me turning the pages as if it were a suspense novel. After trenchantly analyzing current stands for admissibility, he suggests innovative approaches to protect the reasonable contributions that mental health experts can make. I doubt that any expert, no matter how experienced, who reads this book will view his or her task on the witness stand in quite the same way again.

Кл.слова:
суд -- психологія

Understanding International Law introduces students to the various aspects of international law and especially its relationship with global politics. Utilizing an approach that carefully balances politics and law, the book reflects on their interdependency and places an emphasis on an evolving international society largely structured by the rules of international law. All of the major facets of international law are addressed, with topics including the philosophical origins of international law; its sources, efficacy, and jurisdiction; diplomacy and arms limitations; international crimes and atrocities; human rights; non-state actors; environmental considerations; as well as reflections on the future of international law. Of particular value to students of politics and international relations, readers benefit from the authors expertise in Political Science and International Law - as well as his 35 years of experience in presenting complex subject matter in a lively and accessible manner. The book contains enhanced pedagogy as well as a specially created companion website providing students with additional resources to aid their learning, including links to case studies

Кл.слова:
законодавство -- право

Vol. 2. - 379 p.

The Irish Yearbook of International Law stimulates further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics, and international bodies, when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations, the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook promotes a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

Кл.слова:
право

The role of the law in settling family disputes has been a matter of particular debate over the past 25 years. In keeping with the general public perception, the media has been largely critical about the role of lawyers in family law matters, sustaining a general lack of confidence in the legal profession, and a more specific feeling that, in family matters, lawyers aggravate conflict or even represent a female conspiracy. The climate in which family lawyers practice in England and Wales is a harsh one. The authors of this path-breaking study felt it was time to find out more about the contributions of barristers in family law cases in the UK. Much of the study is comprised of an in-depth examination of the day-to-day activity of members of the UK Family Law Bar through observation of individual barristers as they performed their role in the context of a court hearing. In answering questions, such as whether the family justice system is excessively adversarial, whether family barristers earn too much from human unhappiness, or indeed whether those working in the front line of child protection earn enough, the authors reach some surprising conclusions. "The barrister is both mentor and guide for the client" is how they begin their conclusion; "we hope that we have shown that society should value their contribution better" is how they finish.

Кл.слова:
сімейне право