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Author: Vincent Luizzi
In Appeal to the People’s Court: Rethinking Law, Judging, and Punishment, Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order. In the pragmatic tradition of turning from fixed and unchanging conceptions, the work rejects the view of law as a set of black and white rules, of judging as the mechanical application of law to facts, and of punishment as a necessary, punitive response to crime. The author, a municipal judge and philosophy professor, joins theory and practice to feature the citizen in rethinking these institutions. The work includes a foreword by Richard Hull, special Guest Editor for this volume in Studies in Jurisprudence.
Volume Editor: Harry Lesser
The authors of these papers vary in age, nationality and professional background. They share a belief that all too often older people are not treated justly or fairly, and also a belief that this is particularly true with regard to a proper respect for their dignity as people and a proper allocation of medical and social resources. Their papers, in various ways, give evidence as to what is happening and arguments, based on philosophical ethics, as to why it is wrong. The authors also have a range of proposals, backed by argument and evidence, and drawing on factual material as well as philosophical argument, as to what could be done to improve the situation. This is a book for anyone, whether themselves elderly, looking after an older person, professionally involved in working with older people, or simply realising that one day they will be old, who wants to learn about what is wrong with the present situation and how it might be made better.
Volume Editors: Paul Kriese and Randall E. Osborne
A clear understanding of social justice requires complex rather than simple answers. It requires comfort with ambiguity rather than absolute answers. This is counter to viewing right versus wrong, just vs. unjust, or good vs. evil as dichotomies. This book provides many examples of where and how to begin to view these as continuums rather than dichotomies.
Volume Editor: Dennis Pavlich
Environmental justice is the subtext of this collection of anxieties around the need for a sustainable future on Planet Earth. Thinkers and scholars from a diversity of backgrounds reflect on what it means and how cultures must change to greet this future. From Romania to Mexico, Bosnia to Canada, Sweden to California authors analyze and recount community experiences and expectations leading to justice for land, sea, air and wildlife. The kind of ethical weltanschauung for a society in which this kind of justice is achievable is suggested. The collection points to the myriad of single instance decisions that we must all make in living our daily lives whether in our homes, workplaces or leisure time. From good policies to sound management, governments, corporations and community-based organizations will find prudent praxis from cover to cover.
This book shows that Hauriou’s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou’s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Perspectives on State Power and Violence
Volume Editor: John T. Parry
The topic of “evil” means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil –in whatever way we define the term – the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power.
The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes.
This book focuses the collective attention of psychotherapists, the legal community, social scientists, and ethicists on the moral, legal, and clinical problems of confidentiality in psychotherapeutic practice. By providing timely and important interdisciplinary contributions, the book opens the way to understanding, if not resolving, the conflicting interests and values at stake in the debate on confidentiality.
Volume Editors: Uwe Böker and Julie A. Hibbard
The present collection of essays grew out of a conference, held in Dresden in December 2001, exploring the relationship between the public sphere and legal culture. The conference was held in connection with the ongoing research undertaken by the Sonderforschungsbereich 537 ‘Institutionalisation and Historical Change’ and, in particular, by the project ‘Circulation of Legal Norms and Values in British Culture from 1688 to 1900’.
The conference papers include essays on the theory of the public sphere from a systematic and historical point of view by Gert Melville, by Peter Uwe Hohendahl and by Jürgen Schlaeger, all of whom try to re-evaluate and/or improve upon Jürgen Habermas’ seminal contribution to the discussion of the emergence of modernism. Alastair Mann’s contribution investigates the situation in Scotland, particularly censorship and the oath of allegiance; Annette Pankratz focuses on the king’s body as a site of the public sphere; Heinz-Joachim Müllenbrock looks into the widespread ‘culture of contention’ at the beginning of the eighteenth century; and Eckhart Hellmuth considers the reform movement at the end of the century and the radical democrats’ insistence on the right to discuss the constitution.
Ian Bell, who took part in the conference, suggested the inclusion of part of the first chapter of his seminal study Literature and Crime in Augustan England (1991). Beth Swan, Anna-Christina Giovanopoulos, and Christoph Houswitschka respectively analyse the ideologies of justice, the interrelation between journalism and crime, and the juridical evaluation of the crime of incest and its representation in public. Greta Olson investigates keyholes as liminal spaces between the public and the private, Juliet Wightman focuses on theatre and the bear pit, Uwe Böker examines the court room and prison as public sites of discourse, and York-Gothart Mix discusses the German emigrant culture in North America.
The Old English manuscript whose charred and burnt remains are now MS BL Cotton Otho B. xi was written at Winchester during the reign of Æthelred, partly in the middle of the tenth century and partly about the middle of the first half of the eleventh. In its pristine state it contained Anglo-Saxon texts of some importance, including a collection of laws. Unfortunately, the manuscript fell victim to the Cottonian fire of 1731 and was largely destroyed. Before the fire, however, in 1562, Otho B. xi was transcribed practically in its entirety by the antiquarian Laurence Nowell, whose work formed the basis for the printed edition of the Anglo-Saxon Laws contained in William Lambarde's Archaionomia of 1568.
The present edition offers a brief discussion of the laws of the Anglo-Saxons as they survive in manuscripts and printed editions and then concentrates on the work of Nowell and Lambarde. Two Laurence Nowells and at least three Nowell transcripts of Cotton Otho B. xi are known to modern scholarship and require consideration before proceeding to an edition of what can be reconstructed of MS BL Cotton Otho B. xi.
The texts of the law codes known as II Athelstan, V Athelstan, Iudex, and Alfred and Ine found originally in MS BL Cotton Otho B.xi are printed from the Nowell transcript contained in MS BL Additional 43703, while on facing pages the corresponding passages from Lambarde's Archaionomia are reproduced. Variants from the other Nowell transcripts of the same texts are noted, manuscript relations are discussed in an appendix, and a select bibliography is offered.
The importance of the present edition is that it makes it easier to compare the Otho B. xi text and Lambarde's printed version than is possible with Felix Liebermann's Die Gesetze der Angelsachsen. Comparison of the Nowell and Lambarde texts with one another shows that there can be little doubt that Lambarde for his Archaionomia used Otho B. xi or a transcript of it made by Nowell Comparison of the Nowell and Lambarde texts with the other extant manuscript and printed versions casts some further light on the relations between the surviving law codes of the Anglo-Saxons.
The book analyses the most important international and domestic legal aspects of German unification. Part One (Chapter one-five) contains a general introduction then deals with international issues: the status of Germany from 1945 to the present day; the German borders are examined then issues of state succession and self-determination are discussed in the context of unification. Part Two (Chapters six-nine) deals with domestic matters: property issues in the former East Germany, feminism after unification (dealing principally with the abortion issue), the prosecution of former East German citizens for offences relating to the security of East Germany, and the reform of the asylum law. The aim is to give the reader an overview of the most controversial and problematic issues of German unification.