2008-04-01,A. Javier Treviño,Talcott Parsons on Law and the Legal System,Hardback,9781847184856,44.99,"One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States. This volume, the first of its kind, is the most complete articulation of Parsons’s treatment of the U.S. legal system’s nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons’s books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons’s writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers’ decisions concerning such controversial issues as immigration, civil rights, and legal ethics. ","“In his Theory of Communicative Action, Jürgen Habermas asserted that ‘no theory of society can be taken seriously today if it does not at least situate itself with respect to Parsons.’ The historical error of simply ignoring Parsons’s work is in clear need of correction. We must therefore be grateful to A. Javier Treviño for his contribution to this corrective by providing us with a collection of Parsons’s key works and thoughts on the sociology of law. In doing so he opens up the potential of a sophisticated sociology for understanding the legal system of an increasingly complex society.” —Helmut Staubmann, University of Innsbruck “Treviño’s Talcott Parsons on Law and the Legal System gives an ideal, thought-provoking, and fascinating focus in exploring trans-sectional social phenomena. In examining law’s relationship to the societal community, polity, economy and culture, this is not only an epoch-making book on Parsons’s sociology of law, it also makes a breakthrough contribution to a comprehensive understanding of contemporary society.” —Kiyomitsu Yui, Kobe University “A. Javier Treviño has done a great service to the discipline in editing together Parsons’s most interesting analyses of the law and providing the reader with a systematic, yet highly readable, introduction to his views on the subject. Both sociologists and legal scholars will discover much to think about in this book.” —Giuseppe Sciortino, University of Trento ",Cambridge Scholars Publishing 2008-08-01,"Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba","Natural Law: Historical, Systematic and Juridical Approaches",Hardback,9781847186430,44.99,"Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. ""Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book."" —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas ","It is a a pleasure for me to endorse the publication of this collection of essays on natural law, In the last decades we are wittnessing a renewed interest in natural law, which, of itself, is an unavoidable concept in any history of western moral and political thought. Hence, the present collection is bound to find an echo not only among schollars but also among the general learned public, interested in ethics, moral theology, political and legal philosophy. The present collection is remarkable not only because of the relevance of issues addressed, but also because of the variety of approaches it encompasses. While the historical covers an extensive range of authors, from Cicero and Saint Paul, through Aquinas up to Inmanuel Kant, the section devoted to the contemporary reception of natural law theory is highly original, since it is focused on the reception on natural law thinking by contemporary philosophers and methodologies. Likewise the systematic section constitutes a valuable attempt to reflect on the objections raised against natural law theory as well as to clarify the concepts involved in the very notion of a natural law. The inclusion of a juridical section certainly increases the value of the collection, since it shows the practical-juridical relevance of discussions around natural law. I am sure many people will benefit from the publication of this book. Prof. Ana Marta González, University of Navarra ",Cambridge Scholars Publishing 2008-12-01,Sarah van Walsum,The Family and the Nation: Dutch Family Migration Policies in the Context of Changing Family Norms,Hardback,978-1-4438-0056-3,39.99,"Until recently, migration policies primarily targeted labour migrants and asylum seekers. Family migration was taken for granted. But now, many nations are restricting family migration, particularly from poorer countries. The Netherlands have even gone so far as to require family migrants to pass an integration test before being allowed to enter the country. How can this shift in policies be explained? Does it, as some suggest, indicate a new trend towards racist exclusion? This book places family migration policies in the broader perspective of changing family norms. In doing so, it shows the added value of studying immigration law not as an isolated field, but in connection with other fields of law and policy. Taking the Netherlands as an example, it shows how family migration policies have evolved from a system premised on the male breadwinner-citizen’s right to domicile, to one granting and restricting freedom of movement according to individual merit. Although grounded in a different ethos, the techniques of power now being used to enforce the emerging distinctions of a globalising world are in fact reminiscent of those once used to enforce the racial and gendered distinctions of the colonial past. ","""The richness of the historical approach, which allows Van Walsum to identify the historical roots of aforementioned restrictive measures. Sarah van Walsum does much more than describe the legal development of family migration policies; she places her analysis within a broader context and connects it to other policy fields, especially family law and social welfare policies, but also integration policies and economic developments. Van Walsum’s book is well-written, exiting, innovative and an inspiration for further research. The author raises the question whether the Dutch case is unique or that similar developments take place in other countries. The book is an inspiration to study immigration law not as an isolated field, but in connection with other fields of law and policy and hence, for more contact and exchange between legal disciplines."" - Betty de Hart, Associate Professor Centre for Migration Law, Radboud University Nijmegen, The Netherlands “Sarah Van Walsum's extraordinary book demonstrates a unique gift for illuminating the general through a close and fascinating account of the particular. Anyone interested in the interplay of family and nation, colonial and post-colonial, geo-political borders and social boundaries, will find this an enriching book.” - Audrey Macklin, Associate Professor, Faculty of Law, University of Toronto. ",Cambridge Scholars Publishing 2008-12-01,"Natti Ronel, K. Jaishankar and Moshe Bensimon",Trends and Issues in Victimology,Hardback,978-1-4438-0069-3,39.99,"This book focuses on varied practical and theoretical issues of the science of victims, Victimology. Featuring a foreword and epilogue by leading victimologists, and fifteen original essays by leading as well as by young international victimologists, Trends and issues in Victimology, illustrates how victimization is currently perceived. This edited collection describes how the victim’s right for privacy is deprived for the benefit of the accused and the public interest, and how special needs populations are exposed to revictimization during criminal proceedings. It also delineates specific characteristics of stalking victims, sexual abused victims, and victims in work place. Several recommendations and solutions in order to balance the justice system and improve the victims of crime situation are presented in this book. Practical modifications such as the adoption of the principle of restitution in the penal code as a framework for building evidence of victim legislation and policy, and the incorporation of the victim’s therapy and restorative justice proceedings into the criminal justice system, are suggested. Theoretical aspects discuss the rhetoric of victimization and the social construction of victimization and empirical aspects of the focus on the impact of victimization. This book is a valuable addition to the growing literature on Victimology and Victimization. This book offers versatile authors of multidisciplinary fields of law, victimology, psychology and criminology. It is suitable to use in courses across social sciences, criminology, victimology and law. ”I have read this book with a kind of breathless tension and with an intellectual joy. Its contributions triggered many theoretical questions. This book not only reflects the current intellectual climate in social science, but it has also posed certain challenges.” —Prof. Gerd Ferdinand Kirchhoff (from the Foreward). ",,Cambridge Scholars Publishing 2009-03-01,K. Jaishankar,International Perspectives on Crime and Justice,Hardback,978-1-4438-0198-0,64.99,"In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence. The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful. “The comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally.” Prof. Keith Harries (From the Foreword) ",,Cambridge Scholars Publishing 2009-05-01,"Maria Serafimova, Stephen Hunt, and Mario Marinov, with Vladimir Vladov, Consulting Editor and translations from Bulgarian",Sociology and Law: The 150th Anniversary of Emile Durkheim (1858-1917),Hardback,978-1-4438-0502-5,39.99,"Emile Durkheim’s conceptual framework outlined social reality as a moral social environment consisting of supra-individual norms for thought and action. Law, morals and other spheres of social order are generated within and by society. Law is a visible external symbol. Durkheim reaches the conclusion that penal law is religious in its nature. Most of the texts deal with the relations between Sociology and Law and refer to Durkheim's heritage in dealing with specific problems in different societies and fields of study. Topics range from Socio-Legal Studies and Law, to analyses of constitutions, case studies from the judicial system and civil servants, new religious movements, Durkheim's place in the Sociology of Religion. Other topics cover contemporary ethnic conflict, cyberspace, media, morality, education, gender studies, etc. This book will be of interest to sociologists, lawyers, anthropologists, historians, scholars in cultural studies, religious studies, students, researchers, etc. ",,Cambridge Scholars Publishing 2009-06-01,Anthony D’Souza and Carmo D’Souza,Civil Law Studies: An Indian Perspective,Hardback,978-1-4438-0598-8,44.99,"The glacier of Ancient Vedic wisdom flowed down the Himalayan Kailash and watered the Hindu philosophy. The Shrutis (that which was heard) and the Smritis (that which was remembered) reflected this Vedic wisdom. Thinkers and philosophers of the time expressed their thoughts in prosaic Dharmasutras and later on in more refined poetic Dharmashastras. The Smritkars followed with their own interpretation, symbolically represented by the Code of Manu. That jurisprudence was responsible for taking the country through the Golden pages of its history. With the British dominance, India was plunged in Common Law Jurisprudence, interwoven with Hindu Philosophy. The Midnight country awoke in 1947 to an Independent democratic set up, and in 1950 was wedded to the Indian Constitutional philosophy, laid with the bricks of Common Law. With the establishment of the Supreme Court of India, the apex judicial institution in an interpretative mood carved a unique niche for Anglo- Indian Jurisprudence , amidst the Legal Systems of the World. In the twenty first century, India is on a launch pad as a new political and economical superpower. At this stage there is a need for India to familiarize with the Civil Law System, that has grip on the other half of the commercial world. Tiny pockets in Western and in Eastern India , as parts of erstwhile Portuguese or French colonial possessions had earlier experienced the Continental Jurisprudence. These pockets have the unique distinction of having run both the Common and Civil Law Systems and even simultaneously during the transition period . This experience can be a contribution to the globalizing world . Hence it is necessary to foster the study of Civil Law in India , not only from its historical past but also from its future prospects in world market. In “ Civil Law Studies: An Indian Prospective”, about two dozen scholars from the Law faculties of the Universities of India, Lisbon and Coimbra have collaborated to visualize the role for Civil Law Studies in the subcontinent . They have explored the different branches of law for comparative research such as constitutional, civil, commercial, criminal, etc. The book is intended to be a thought provoking exercise which will strengthen the Study and Research of Civil Law in India. The suggestions are meant to empower legal educators, law students , the bar and the bench in India. ",,Cambridge Scholars Publishing 2009-08-01,A. Javier Treviño,Talcott Parsons on Law and the Legal System,Paperback,978-1-4438-1130-9,29.99,"One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States. This volume, the first of its kind, is the most complete articulation of Parsons’s treatment of the U.S. legal system’s nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons’s books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons’s writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers’ decisions concerning such controversial issues as immigration, civil rights, and legal ethics. ","“In his Theory of Communicative Action, Jürgen Habermas asserted that ‘no theory of society can be taken seriously today if it does not at least situate itself with respect to Parsons.’ The historical error of simply ignoring Parsons’s work is in clear need of correction. We must therefore be grateful to A. Javier Treviño for his contribution to this corrective by providing us with a collection of Parsons’s key works and thoughts on the sociology of law. In doing so he opens up the potential of a sophisticated sociology for understanding the legal system of an increasingly complex society.” —Helmut Staubmann, University of Innsbruck “Treviño’s Talcott Parsons on Law and the Legal System gives an ideal, thought-provoking, and fascinating focus in exploring trans-sectional social phenomena. In examining law’s relationship to the societal community, polity, economy and culture, this is not only an epoch-making book on Parsons’s sociology of law, it also makes a breakthrough contribution to a comprehensive understanding of contemporary society.” —Kiyomitsu Yui, Kobe University “A. Javier Treviño has done a great service to the discipline in editing together Parsons’s most interesting analyses of the law and providing the reader with a systematic, yet highly readable, introduction to his views on the subject. Both sociologists and legal scholars will discover much to think about in this book.” —Giuseppe Sciortino, University of Trento ",Cambridge Scholars Publishing 2009-09-01,Charles Stephens,A Study in Legal History Volume I: Fiat Justitia: Lord Denning and the Common Law,Hardback,978-1-4438-1244-3,39.99,"Writing about Lord Denning in the Oxford Dictionary of National Biography, Lord Goff wrote that ‘Denning was a great master of the common law….he was one of the greatest and most influential judges ever to sit on the English bench….few would dispute that Denning was the greatest English judge of the twentieth century’. Lord Goff added that Lord Denning ‘taught the English judiciary that the common law cannot stand still [but] must be capable of development on a case by case basis; to ensure that the principles of the common law are apt to do practical justice in a living society’. Fiat Justitia is concerned with Lord Denning’s place in the common law tradition, as defined by Fortescue, Coke and Blackstone. Lord Denning’s approach to the role of the Judge, and the use of judicial discretion, set in the context of the common law tradition, and the assessments of his contemporaries, is evaluated with particular attention being paid to his understanding of precedent, statutory interpretation, individual rights and control of the abuse of power. Lord Denning’s jurisprudence, as an expression of the common law tradition, is also considered in relation to current developments in the law. ",,Cambridge Scholars Publishing 2009-09-01,Charles Stephens,"A Study in Legal History Volume III; Freedom under the Law: Lord Denning as Master of the Rolls, 1962-1982",Hardback,978-1-4438-1246-7,39.99,"In his book Law and Politics: The House of Lords as a Judicial Body 1800-1976 Robert Stevens wrote that Lord Denning was ‘certainly the most interesting and possibly the most important English judge of the twentieth century’. Stevens also suggested that Lord Denning was one of the ‘few English judges who clearly merits an extensive intellectual biography’. Freedom under the Law essays this task by setting the jurisprudence of Lord Denning in the context of the history of the 1960s and 1970s; assessing his writings about the law and examining his role in the Profumo affair and other major political and legal controversies of that era. Lord Denning’s approach to matters such as religion, education, the currency, the Empire, the Union, national security, the status of aliens and foreigners, social change, the family, the rights of trades unions and the role of the courts in the regulation of industrial conflict and the City of London are examined in the course of a detailed consideration of the judgments which he handed down in the Court of Appeal between 1962 and 1982. ",,Cambridge Scholars Publishing 2009-09-01,Charles Stephens,A Study in Legal History Volume II; The Last of England: Lord Denning’s Englishry and the Law,Hardback,978-1-4438-1245-0,39.99,"When Lord Denning died in 1999, the leader writer of the Daily Telegraph wrote of ‘a deep and almost tangible ‘Englishness’ which ‘shone through many of Lord Denning’s celebrated judgments. He was patriotic, sceptical and humane; intelligent without being intellectual’. Since 1999, the nature of English identity has become the subject of debate and contention, not only within the academy, but also in politics and the media. In some respects, it could be argued that the debate about English identity is one of the most important in contemporary Britain. The Last of England considers the role of Englishness in the jurisprudence of Lord Denning, setting his conception of the role of the judiciary in the constitution, his views about the nature of history, the land and war, his understanding of equity, in particular the way in which he developed the doctrine of estoppel, his attitudes towards immigration and race and his approach to the law of the European Community in the context of the developing debate about the nature of English identity. ",,Cambridge Scholars Publishing 2009-09-01,Charles Stephens,"The Jurisprudence of Lord Denning: A Study in Legal History, in Three Volumes",Hardback,9781443812528,99.99,"The Jurisprudence of Lord Denning: A Study in Legal History consists of three volumes: Fiat Justitia: Lord Denning and the Common Law; The Last of England: Lord Denning’s Englishry and the Law and Freedom under the Law: Lord Denning as Master of the Rolls, 1962–1982. Each volume considers a different aspect of Lord Denning’s jurisprudence. Fiat Justitia is concerned with Lord Denning’s place in the common law tradition, as defined by Fortescue, Coke and Blackstone. Particular attention is paid to Lord Denning’s approach to the role of the Judge and the use of judicial discretion in relation to precedent, statutory interpretation, individual rights and control of the abuse of power. The Last of England looks at the role of Englishness in the jurisprudence of Lord Denning, setting his approach to equity, in particular the way in which he developed the doctrine of estoppel, immigration and race and the law of the European Community in the context of the developing debate about the nature of English identity. Freedom under the Law sets the jurisprudence of Lord Denning in the context of the history of the 1960s and 1970s; examining his writings about the law, role in the Profumo affair and treatment of themes such as religion, literature, education, the currency, the Empire, the Union, national security, social change, industrial conflict and the role of the City of London. The trilogy provides a comprehensive analysis of the work of one of the most important judges of the twentieth century set in its historical, political and philosophical context. In the course of preparing this work, each of the 1072 judgments of Lord Denning, as reported in the All England Law Reports for the years 1962 to 1982, was considered, together with all the books about the law which he published while sitting as a judge. ","“Lord Denning was a man of monumental influence over the development of English law, both in its substance and style. In this remarkable trilogy, Dr Stephens has produced a magnificent exposition and analysis of Denning’s contribution to the common law – a corpus of rules now affecting a third of the world. The trilogy is a work of profound historical significance. Through both minute exegesis of Denning’s judgments and grand narrative of their historical setting and significance, Stephens’ work gives an understanding of a judicial phenomenon that shaped important aspects of the twentieth century. The breadth and depth of the studies, and the scholarship from which the writing flows, are extraordinary.” – Professor Gary Slapper is a Professor of Law and Director of the Centre for Law at the Open University. With Dr David Kelley, he is the author of The English Legal System, an important text book which is now in its 9th Edition. “The Jurisprudence of Lord Denning: A Study in Legal History by Charles Stephens, a set of three complementary books on the philosophy and judgments of Lord Denning is, in my opinion, by far the most thorough and convincing analysis and study of Denning in existence. The trilogy is a scholarly contribution of the very highest quality and the utmost importance in its subject-matter; it is also a wonderful read. It is quite the best book we have on him, I cannot think of any work on Lord Denning that better deserves publication.” – Professor Antony Lentin is a retired Professor of History at the Open University and a Member of Wolfson College Cambridge. He is also the author of The Last Political Law Lord: Lord Sumner 1859-1934 published by Cambridge Scholars Publishing in 2008 and of several judicial biographies in the Oxford Dictionary of National Biography, including those of Lord Reading and Lord Maugham. “Viewing Denning from an historian’s eye view offers academic and general readers alike a useful perspective on the influence judicial decisions are likely to have on the body politic, which in turn influences everyday life.” – Phillip Taylor, MBE, Richmond Green Chambers, UK ",Cambridge Scholars Publishing 2010-02-01,"J. Ronald Engel, Laura Westra and Klaus Bosselmann","Democracy, Ecological Integrity and International Law",Hardback,978-1-4438-1767-7,54.99,"Democracy, Ecological Integrity and International Law is the latest product of research by the Global Ecological Integrity Group (www.globalecointegrity.net), an organisation that has been meeting annually since 1992 to discuss scientific, philosophical, political and legal aspects of ecological integrity. This collection examines various aspects of governance from the standpoint of integrity: from democracy, to forms of Native governance, from globalization and neocolonialism to specific human rights to food, water and climate. ","“The Global Ecological Integrity Group has gathered leading scholars of science, ethics, law and other disciplines to consider some of the most challenging environmental issues we face. These thought-provoking essays underscore the complexity of the ethical and policy imperatives of achieving ecological integrity. In particular, they guide us on the conceptual and institutional changes needed to promote democratic governance, a crucial basis for a just and sustainable future.” —Professor Benjamin J. Richardson, Osgoode Hall Law School, Toronto “This book enters the vastly contested contemporary and international conversation on the meaning of democracy. It addresses two essential ingredients which are often missing: the capacity of democracy, actually existing, and normatively considered, to preserve the ecological integrity of the biosphere, and the complicated but vital relationship between democracy and international law. The editors and contributors to this amazingly rich volume are united in the understanding that the meaning and institutions of actually existing ‘democracy’ must be transformed if this term is to indicate a form of governance which is adequate to the challenges which stand before 21st century global civilization.” —Stephen Rowe, Professor of Philosophy and Liberal Studies, Grand Valley State University “There is perhaps no issue that is more neglected yet more critical for the flourishing of Earth's community than the intersection of democracy, ecology, and law. This book is ground breaking and dialogue changing. It stands alone as an important contribution, not simply because of the high quality of the essays but because of the pressing concerns they share.” —Mary Evelyn Tucker, Forum on Religion and Ecology, Yale University ",Cambridge Scholars Publishing 2010-03-01,Mohammad Amin Naser,Revisiting the Philosophical Foundations of Trademarks in the US and UK,Hardback,978-1-4438-1779-0,39.99,"This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of “co-authorship” of trademarks by both the public and trademark owners. The book develops the “Economic-Social Planning justification”, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right. ",,Cambridge Scholars Publishing 2010-04-01,Muna Ndulo and Margaret Grieco,Failed and Failing States: The Challenges to African Reconstruction,Hardback,978-1-4438-1866-7,34.99,"State collapse is one of the major threats to peace, stability, and economic development in sub-Saharan Africa today. In a collapsed state the regime finally wears out its ability to satisfy the demands of the various groups in society; it fails to govern or to keep the state together. The collapse is marked by the loss of control over political and economic space. A collapsed state can no longer perform its basic security and development functions and has no effective control over its territory and borders. Efforts to avoid drawing other nations into a wider conflict created by the collapse of a state—and creating favorable conditions for reconciliation and reconstruction of a failed state after it has collapsed—present major challenges. In April, 2008 the Cornell Institute for African Development called a symposium on ‘Failed and Failing States in Africa: Lessons from Darfur and Beyond’ to address these critical issues. Key contributions to the symposium are brought together in this volume. Taken together these essays represent a significant discussion on the challenges presented by the presence of failing states within Africa. ",,Cambridge Scholars Publishing 2010-04-01,Constantine N. Nana,Revisiting the Question of Imputation in Corporate Criminal Law,Hardback,978-1-4438-1919-0,44.99,"It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards. ",,Cambridge Scholars Publishing 2010-04-01,Peter Baofu,"The Future of Post-Human Law: A Preface to a New Theory of Necessity, Contingency and Justice",Hardback,978-1-4438-1949-7,49.99,"What makes the rule of law so special that it is to conscientiously punish the “bad” doers and reward the “good” ones—such that, where there is the rule of law, peace and order are to be expected, so that “the rule of law is better than the rule of any individual”? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and Liberia, they have turned a blind eye to the major powers which have killed—on a much larger and more brutal scale, by comparison—innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justice—while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new direction—in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its “post-human” fate. ",,Cambridge Scholars Publishing 2010-06-01,Christi Scott Bartman,Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Federation Governments,Hardback,978-1-4438-2136-0,39.99,"One might ask why the Soviet Union so adamantly promoted the definition of aggression and aggressive war while, as many have noted, conducting military actions that appeared to violate the very definition they espoused in international treaties and conventions. Lawfare: Use of the Definition of Aggressive War by the Soviet and Russian Governments demonstrates that through the use of treaties the Soviet Union and Russian Federation practiced a program of “lawfare” long before the term became known. Lawfare, as applied in this work, is the manipulation or exploitation of the international legal system to supplement military and political objectives. This work is unique in that it not only traces the evolution of the definition of aggression and aggressive war from the Soviet and Russian Federation perspective, it looks at that progression both from the vantage point of leading edge legal legitimacy and its concurrent use as a means of lawfare to control other states legally, politically and equally as important, through the public media of propaganda. ","“Bartman sheds new light on the little-known efforts of the international community in the inter-war period to define and outlaw aggression both by states and by individual state officials. She demonstrates a significant Soviet role—a role that has often been overlooked in accounts by other writers—in the origin of the post-World War II Nuremberg trials and the crime of aggression that was formulated there. Writing with a sweep of history, Bartman puts international legal doctrine into historical context and argues persuasively that the Soviet government used, and at times misused, this doctrine as a weapon in the propaganda war with the West. Finally, she shows how the avid advocacy of norms on aggression came back to haunt the USSR, and after it even the Russian Federation, when they used armed force in dubious circumstances in neighboring states. A must read for anyone who follows international diplomacy and the history of warfare.” —John B. Quigley, President’s Club Professor of Law, Moritz College of Law, The Ohio State University ""By approaching the international law in a historical setting and exposing how efficient this weapon can be in advancing one's own national interests concealed as high international principles of law, the book constitutes a novel approach on the subject and invites to the rethinking of our understanding of international diplomacy and international law."" Silviu Miloiu, Valahian Journal of Historical Studies, Vol 14, Winter 2010 ",Cambridge Scholars Publishing 2010-06-01,Graeme Baber,"The Impact of Legislation and Regulation on the Freedom of Movement of Capital in Estonia, Poland and Latvia",Hardback,978-1-4438-2113-1,49.99,"One of the fundamental freedoms of the European Union’s Internal Market is the free movement of capital. National barriers to the cross-border movement of capital and payments are prohibited, not only between Member States of the Union, but also between these States and third countries. The book investigates to what extent Estonia, Poland and Latvia have implemented laws that comply with this principle. It compares and contrasts the similarities and differences between these three Member States in how their legislation and regulations affect such free movement. The research investigates whether there is an association between the national legal restrictions to the free movement of capital and cross-border capital flows to and from Estonia, Poland and Latvia. It reports the views of executives in the business sectors most affected by these restrictions as to the importance of the free movement of capital to their companies, as to whether the European Union’s regulatory framework supports the free movement of services and the freedom of establishment, and as to whether the national law limits these freedoms. ","“The free movement of capital is by now a familiar element of European Union law. Dr. Baber’s book, however, conducts a very thorough analysis of the extent to which the legal and regulatory framework, in three of the Member States which acceded to the EU in 2004, actually complies with this principle and exposes some key weaknesses. Unusually for a book on law and regulation, the work includes a model more often found in the finance or economics literature to examine the actual effect that the compliance or otherwise has in practice on capital flows. That Dr. Baber’s book brings together consideration of Polish, Estonian and Latvian measures in one work will make it possibly a unique contribution and indeed one which I myself would find highly useful to refer to for my own work, both teaching and research.” —Richard Alexander, Lecturer in Financial Law, Centre for Financial and Management Studies, School of Oriental and African Studies, University of London “Dr. Baber’s manuscript conducts a thorough analysis of the extent to which the legal and regulatory framework of European Union law which sanctions free movement of capital, in three of the Member States which acceded to the EU in 2004, actually complies with the principle of free movement of capital. This analysis leads to the exposure of a number of key weaknesses in term of compliance in these three countries. While there is emerging literature in English examining certain limited aspects of law and regulation in Poland, the coverage of its counterparts in the Baltic states is in short supply. A comprehensive consideration and comparative analysis of Polish, Estonian and Latvian measures in financial law and regulation make this book possibly unique in the literature and in the market.” —Laixiang Sun, Professor and Head of Department, Centre for Financial and Management Studies, School of Oriental and African Studies, University of London ",Cambridge Scholars Publishing 2011-01-01,David Lea and Timothy Curtin,Land Law and Economic Development in Papua New Guinea,Hardback,978-1-4438-2651-8,39.99,"This book is devoted to an analysis of alternative land tenure systems in Papua New Guinea and offers a blend of philosophical, legal, sociological and economic approaches to this issue. The text is divided roughly into two sections. The first six chapters provide a religious, philosophical, historical, sociological and legal context in which to understand Melanesian culture and Melanesian customary land tenure, and its contemporary recognition within the country’s legal system. The early chapters review the historical approaches to customary land tenure from the pre-independence period up to and including the most recent amendments that deal with the incorporation of customary land owning groups. In these chapters we recommend that the present system be replaced with one that gives greater emphasis to formalized forms of private individual ownership and provides answers to various cultural, social and philosophical objections to such proposals. The latter section of the book demonstrates the economic advantages to be gained through the conversion of customary forms of individual land tenure to private ownership based on documented titling. The economic issues considered include the serious shortage of land for other than purely subsistence food production; the inadequacy of both food and cash crop production for export when based on customary land ownership; and the failure of the new Forestry Act to promote increased levels of sustainable production by Papua New Guineans themselves. The book concludes with examination of the scope for land registration in Papua New Guinea with reference to developments in Kenya that transformed customary ownership across much of the country into individual private ownership, and, in the Appendix, to the impact of the reversion from titled to customary land ownership across most of Zimbabwe after 2000. ",,Cambridge Scholars Publishing 2011-02-01,Matthew Hill,"Law, Morality, and Abolitionism: Francis Wayland and Antislavery in America",Hardback,978-1-4438-2677-8,39.99,"In the 1830s the abolitionist movement in the United States refashioned itself under new leadership which was determined to bring slavery to an immediate end. Too often written off by northern and southern opinion-makers alike as fanatics who threatened the social and economic order in America, they struggled in the face of both secular and religious defenders of the institution of slavery. Into this fray stepped Francis Wayland (1796–1865), a leading educator, noted author of textbooks on moral philosophy and economics, and longtime president of Brown University. Initially a moderate on slavery, Wayland with near equal fervor both denounced slavery as sinful and yet countenanced caution in respecting the laws that protected the institution. Like so many of his generation, the flow of events moved him toward Unionism and forced him to confront the logic of his own moral arguments. If slavery was indeed a violation of natural rights, how then could he not act on behalf of those who could not speak for themselves? This work explores his journey. ",,Cambridge Scholars Publishing 2011-02-01,Eylem Apaydin,The Problematic Structure of Management of Co-Owned Properties in Turkish Law and Pursuance of Solutions,Hardback,978-1-4438-2676-1,39.99,"This book provides a critical evaluation of the statutory framework for co-ownership regulations in Turkish law and it acquaints Turkish jurists with the existence of trust of land in English law. It is posited upon the argument that solutions to the problems observed in the administration and enjoyment of co-owned properties in Turkish law may be overcome by the introduction of a new institution, which is inspired by the trust mechanism in English law. This renders the existing Turkish regulation for the management of the co-owned properties outdated, unreasonably complex, and extremely artificial with some assumptions. After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this book provides the indications for a solution. Being aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this book examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co-ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that the English trust does. Therefore, this book suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this book discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists. ",,Cambridge Scholars Publishing 2011-02-01,Jamil Ammar,"Think Consumer: The Enforcement of the Trade Mark Quality Guarantee Revisited, A Legal and Economic Analysis",Hardback,978-1-4438-2686-0,39.99,"The availability of a wide range of branded products makes the selection of the right type of goods a difficult process. This is particularly true in the case of goods whose characteristics consumers do not have complete information about, which they can only learn about after purchasing (experiencing goods). A trade mark quality guarantee facilitates consumers’ choice by sending quality signals. It also enables a trader of branded goods to differentiate the quality of his goods from those of his competitors. Accordingly, trade mark protection is said to enhance economic efficiency, and thus the production of quality goods, and reduce consumer search costs. In order for this to work, however, among other conditions, the trader must maintain consistent quality over time and across consumers. Otherwise, trade mark protection will enhance artificial product differentiation, and thus distort competition. To date, despite its profound significance, the quality guarantee is seen as performing an economic function that trade mark law is ill equipped to deal with. As a result, this function is not enforced under trade mark law. Contrary to mainstream thinking, this book argues that the quality function of a trade mark should be recognised and enforced through trade mark law. What is at stake is far from insignificant: it is about bridging the ever increasing gap between the legal rationales for trade mark protection and the economic consequences of this protection in practice. The book is also about how consumers should shape their relationship with trade marks and what role law should play in constructing that relationship. By giving independent legal substance to the quality function, trade mark law encourages a trader to improve the quality of his goods instead of simply improving the persuasive or advertising value of the mark, which, in turn, enhances artificial product differentiation, increases rather than decreases consumer search costs, and distorts competition. ",,Cambridge Scholars Publishing 2011-04-01,"Laura Westra, Klaus Bosselmann and Colin Soskolne ",Globalisation and Ecological Integrity in Science and International Law,Hardback,978-1-4438-2734-8,54.99,"This volume returns to one of the major themes of the Global Ecological Integrity Group: the interface between integrity as a scientific concept and a number of important issues in ethics, international law and public health. The main scholars who have worked on these topics over the years return to re-examine these dimensions from the viewpoint of global governance. ","“This book constitutes an aim for building a new world that fosters human wellbeing and social stability while enhancing the integrity, resilience and beauty of ecosystems with an emphasis on fairness, respect and concern with the spiritual. It is a combination of questions and answers that outlines what each of us can do to set the path for a promising future.” —Sheila Abed, IUCN, Chair of CEL “This year’s [Global Ecological Integrity Group] collection provides an indispensable guide to the the full sweep of ecological integrity, building from its scientific and ethical underpinnings to a prophetic vision of its applications in sustainability governance. It plumbs the depths of ecological integrity in its scientific, ethical, human health, and governance dimensions. The volume offers a comprehensive treatment of what is surely the central challenge to humanity’s future—restoring nature to its central role as the moral and physical force behind sustainability.” —Professor J. B. Ruhl, Matthews & Hawkins Professor of Property, Florida State University College of Law, USA “This important collection of insightful contributions from scholars representing the sciences, social science, humanities, and the law thoroughly examines how ecological integrity plays a central role as humankind pursues its goal of attaining a sustainable future based on principles of equity, fairness, morality, and justice.” —Professor Ved P. Nanda, Evans Distinguished University Professor, University of Denver, USA ",Cambridge Scholars Publishing 2011-04-01,Ridwanul Hoque,Judicial Activism in Bangladesh: A Golden Mean Approach,Hardback,978-1-4438-2733-1,44.99,"This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword) ","The book under review offers some useful insights on the subject. -The Commonwealth Lawyer Vol.20, August 2011 ",Cambridge Scholars Publishing 2011-07-01,Irina Zyubina,Prosecutors’ Forensic Speech in Implicit Pragmalinguistics,Hardback,978-1-4438-2961-8,34.99,"What does a new branch of linguistics, Implicit Pragmalinguistics, mean? And what methods of analysis does it use? What are the peculiarities of prosecutors’ forensic speech as a speech genre? What kinds of individual speech behavior and stereotyped speech behavior do English-speaking and Russian-speaking prosecutors have from the point of view of Implicit Pragmalinguistics? Within these pages, you will find not only the answers to these questions but also a lot of useful information concerning human beings. This book consists of three parts devoted to the description of the methods and requirements for linguistic analysis in Implicit Pragmalinguistics, and to the peculiarities of English-speaking and Russian-speaking prosecutors’ individual and stereotyped speech behavior on the grounds of the pragmalinguistic experimental results. 65,280 items of analysis or small syntactical groups were studied to diagnose individual-personal qualities of the Russian-speaking and English-speaking prosecutors, their stereotyped speech behaviour according to their periods of working, their speech addressees and national-cultural belonging of the speech senders. The book will appeal to philologists, courtroom professionals, psychologists, sociologists, teachers and students. ",,Cambridge Scholars Publishing 2011-09-01,"George R. Dekle, Sr.",The Case against Christ: A Critique of the Prosecution of Jesus,Hardback,978-1-4438-3194-9,44.99,"Some two thousand years ago, in a small province of the Roman Empire, an obscure Roman governor ordered the execution of a peasant leader. It went virtually unnoticed at the time. No official report of the event has survived, and we would have no memory at all of it except for the efforts of a handful of followers of the condemned man. Those followers who kept that memory alive changed the course of history, and the results of their efforts continue to reverberate to this day. Conventional interpretation says that the execution of Jesus of Nazareth came on the heels of a series illegal trials before a number of different tribunals, and at the culmination of that series of trials a moral coward by the name of Pontius Pilate ordered Jesus’ execution despite being satisfied that he was innocent. Revisionist interpretation says that there was no trial at all, that Pilate simply executed Jesus because he was a nuisance, and that Jesus’ followers invented the story of his execution as a means of shifting the blame from the Roman government to a group of people whom they despised – the Jews. Are the Gospels good history or bad propaganda? Does a fair reading of the Gospel accounts support either the conventional or the revisionist interpretation of the trial of Jesus? Who, if anyone, should shoulder the blame for the crucifixion of Jesus? The Case against Christ seeks to answer these questions by treating the matter as a forensic death investigation and answering the questions as they might be answered by a prosecutor attempting to determine who should be held criminally responsible for the death of Jesus. ","""This sweeping study brings the eye of a prosecutor to the events of Jesus' last week. He has read the literature, considered the options, and writes to take us through all those possibilities. This is a fascinating study, full of many observations from which those curious about these events can profit."" - Darrell L Bock, Research Professor of New Testament Studies, Dallas Theological Seminary ""As an experienced prosecutor and law professor, Dekle sets out to analyze whether the proceedings against Jesus were fair. He also tackles the question of who was responsible for Jesus’ death, a question that still haunts much of the world today. The book is a fascinating read, and the in-depth analysis is well researched and reasoned."" - Deacon Michael Riggio, J.D., LL.M., Adjunct Professor of Law, Seattle University School of Law, Seattle, WA July 2011 ",Cambridge Scholars Publishing 2011-10-01,Alperhan Babacan and Hussein Tahiri,Counter Terrorism and Social Cohesion,Hardback,978-1-4438-3292-2,34.99,"This book critically examines Australia’s counter terrorism measures by looking at the country’s legislative framework within the context of an international law framework and norms relating to human rights. It discusses the Australian governments justifications for the war on terrorism and sociological theories relating to ‘risk society’ as a way to explain Australia’s counter terrorism policies and the impact of the war on terror on social cohesion in Australia. It looks at the adverse impacts of the war on terror on Muslims in Australia and their sense of belonging in a multicultural society and analyses these developments from a sociological perspective. The book also explores the recent shift in the Australian governments’ approach to countering terrorism, a shift from a coercive approach to tackling terrorism to a community engagement approach focused on building relationships and trust with Australia’s diverse communities, particularly the Muslim community. ",,Cambridge Scholars Publishing 2012-03-01,Farhad Malekian and Kerstin Nordlöf,The Sovereignty of Children in Law,Hardback,978-1-4438-3635-7,54.99,"The system of the United Nations, as well as many international and regional bodies, imposes various duties on states that consequently have obligations towards the rights of their individuals. This is particularly significant in the case of children who are not only considered one of the most valuable subjects of international regulations, but are also an integral part of the legislation of domestic laws. Despite the fact that laws concerning the rights of children are well settled in the international sphere, and are recognized under the jus cogens norms, national laws about children, or national laws having an effect on children, are still not completely adequate. Many legislative and cultural practices expose the fact that children are not recognized as the holders of rights. National legal authorities should not, in accordance with the existing international legislations, plead provisions of their own laws or deficiencies of those laws in response to a request against them for alleged violations of children’s rights that have occurred under their jurisdiction. In fact, the absence of appropriate legislation within national legal systems and the reluctance of legal authorities to seriously take children’s rights into consideration, have been two of the key reasons for the contraventions of children’s rights in national or international conflicts. Strange as it may seem, when we do not respect the rights of others, it might be considered a civil violation or a crime. But when the rights of children are violated it has, on many occasions, been dismissed as custom or argued that they gave their express consent. For example, in the nineties, when a child of 11 was raped in Sweden, the judgment concluded that there was an implicit consent. Similarly, when a child of seven was raped by an Iranian priest in a Mosque, it was judged as the victim receiving spiritual enlightenment. By analogy with the rules which exist to provide legal, social and economic aid to the victims of national or international crimes, it may be possible to suggest that there is an established legal duty for all states to provide access to resources which can, under reasonable criteria, protect children from the improper conducts of individuals, organisations, and the administration of justice. It is, in principle, true that literally millions of people believe that children are their property or that a child has no rights of his or her own, and thus the conduct of parents, guardians, representatives of organisations, and the administration of justice relating to children are permitted as a matter of law or nature. This book examines many different areas within the law which deal with the specific rights of children such as the philosophy of law, civil law, social law, tax law, criminal law, procedural law, international law, human rights law and the humanitarian law of armed conflict. The intention is to show that there are many rules, provisions, norms, and principles within various areas of the law that relate to the rights of children. The extent of these rights implies the existence of certain regions of law which have to be acknowledged and respected by national authorities. However, the acknowledgement of rights is also a matter of intention, and may be implied or expressed by the practice of authorities. The question of the child constituting a self-ruling subject of justice and its legal ability to create an independent individual legal personality for the protection of its rights, but not necessarily for the exercise of those rights, are the central issues of this book. ",,Cambridge Scholars Publishing 2012-07-01,Farhad Malekian and Kerstin Nordlöf,The Rule of Law for the Protection of Children: The Basic Documents with Analysis,Hardback,978-1-4438-3981-5,44.99,"Within the sphere of law it is the recognition of its subjects, private or official individuals, private or public entities, and states which has been the most prominent facet of national or international relations. The dominance of the question of recognition has led to the development of the law and the maintenance of its provisions. In other words, rights imply recognition, and recognition implies the legal permission to use certain rights. Obviously, the legal effect of recognition is limited if rights are not implemented completely or appropriately. Thus, the complexity one may expect of a legal issue is not just how to deal with the relevant issue in a court of justice, but how to prove that the machinery of justice does not own or use the appropriate documents necessary for the examination of the issue. This is because recognition is acknowledgment of an existing state of the subject of the law or the legal personality that has been granted by adoption or ratification of law nationally, regionally or internationally. Consequently, when we formulate law about children or their rights and interests, we implicitly or explicitly infer their existence. This is merely a declaration of their recognition. This book on the rules of law for the protection of children brings together all international documents which are significant to the protection of the rights of children. The introduction to each document presented in the book demonstrates that there is not necessarily any particular need to prove the legal existence of children’s rights. They obviously exist with full rights, but the implementation of those rights is indeed not so easy. In addition, as a matter of principle, we must not forget that the natural personality of each child has not been created by national, regional or international documents, but on their very existence within our global environment, constituting the human beings of their own age. ",,Cambridge Scholars Publishing 2012-08-01,Jamila A Chowdhury,Gender Power and Mediation: Evaluative Mediation to Challenge the Power of Social Discourses,Hardback,978-1-4438-3983-9,44.99,"The book investigates the practice of family mediation and some of the challenges that may hinder its effective use by marginalised groups in a society. Those challenges include gendered power disparity and family violence, especially towards women, and the discussion extends to how the challenges can be overcome through a practice of evaluative mediation to provide fair outcomes for women. Unlike other contemporary books on mediation, this book not only discusses different theories of power and equity in mediation, it also includes a number of verbatim quotes from different mediation sessions to demonstrate how those theories are operationalised in a real life context. While other contemporary texts on mediation focus on Western style facilitative mediation and its limitations in attaining fair justice for women enduring gendered power disparity and family violence, this text emphasises an evaluative mediation style that is embedded in Eastern social practices. Instead of focusing on gendered power disparity and family violence as limitations on the practice of facilitative mediation, this book details the practice of evaluative mediation which may provide fair justice to women despite the presence of gendered power disparity and family violence in a society. ",,Cambridge Scholars Publishing 2012-08-01,Borhan Uddin Khan and Muhammad Mahbubur Rahman,"Protection of Minorities: Regimes, Norms and Issues in South Asia",Hardback,978-1-4438-3992-1,39.99,"We live in a world that not only sets standards for but also professes its commitment to promote and protect ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at protection of minorities. To that end, it concentrates on four key dimensions. First, it addresses the issue on identification of minorities as understood by international law. Second, it outlines a brief history on development of international law towards a better protection of minorities. Third, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are less or more compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has potentials to play far greater role in this regard. ",,Cambridge Scholars Publishing