法　学 — 全 下位分類

The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment.

Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies.

The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers' ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors' Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers' practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline.

The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.

This volume explores the many ways in which politics shapes the allegedly nonpartisan judicial system in America, ranging from how judges are selected to the bench to how they rule when they get there.

Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. Each book gives readers a clear and unbiased understanding of current high-interest issues by informing them about falsehoods, half-truths, and misconceptions - and confirming the factual validity of other assertions - that have gained traction in America's cultural and political discourse.

This volume in the series provides a deeply researched and even-handed account of the relationship between America's judicial branch - which is supposed to view law through a nonpartisan lens - and the sometimes poisonous partisanship that is such a notorious factor in the nation's other two branches of government. Is political combat over judicial nominations worse than ever before? What impact is the politicization of the courts having on public faith in the legitimacy of the courts and our wider political system? Was former Supreme Court justice Sandra Day right when she asserted that "judicial independence is a bedrock principle of our court system, and we are losing it"? This work will provide insights into all these questions and more.

Winner of the Ramnath Goenka Award 2020

On 26th January 1950 India became a republic, shedding its last links with its colonial past and inaugurating a new era of liberty and freedom. With fundamental rights and civil liberties guaranteed by the state, the new constitution was universally acclaimed as the 'world's greatest experiment in liberal government'.

This idealistic birth of a new republic meant a clean break with a repressive past. And yet, barely twelve months later, the very makers of the constitution were denouncing their own creation. Passed in June 1951, the First Amendment to the Constitution was a pivotal moment in Indian constitutional history.

Sixteen Stormy Days explores the contentious legacy of this First Amendment which drastically curbed freedom of speech, restricted freedom against discrimination and circumscribed the right to property.

It follows the sixteen days of debate that led up to it, the people that created it, the great battle waged against it and the immense consequences it has had for Indian democracy. It is a cautionary tale about an almost forgotten but hugely consequential piece of history that holds the key to understanding the position of civil liberties and individual freedoms in India today. It challenges conventional wisdom on iconic figures such as Jawaharlal Nehru, B.R. Ambedkar, Rajendra Prasad, Sardar Patel and Shyama Prasad Mookerji, and lays bare the vast gulf between the liberal promise of India's Constitution and the authoritarian impulses of her first government.

This book looks at why and how states should legally ban LGBTQ+ 'conversion therapy'. Few states have legislated against the practice, with many currently considering its legal ban.

Banning 'Conversion Therapy' brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of 'conversion therapy' in different contexts.

The book considers how best to address this complex and interdisciplinary legal problem which cuts across human rights law, criminal law, family law, and socio-legal studies, and which represents one of the key contemporary problems of LGBTQ+ equality and national and international human rights activism.

Using Arabic and Ottoman Turkish sources drawn from three genres of legal text, this book is the first full-length study in decades to investigate the evolution of Ottoman land law from its "classical" articulation in the sixteenth century to its reformulation in the 1858 Land Code. The book demonstrates that well before the nineteenth century the tradition of Ottoman land tenure law had developed an indigenous form of property right that would remain intact in the Land Code. In addition, the rising consensus of the jurists that the sultan was the source of the land law paved the way for the wider legislative authority that the Ottoman state would increasingly assert in the Tanzimat period of reform. Demonstrating the profound and ongoing adaptation of a legal tradition that was at once both Ottoman and Islamic, it revises our understanding of the relationship between the modern Islamic world and its early modern past, and what kind of intervention was represented by reform in the 19th century.

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.

At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law.

This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself.

In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits.

We want press freedom but we also want freedom from the press. A powerful press may expose corrupt government or aid it. It may champion citizens or unfairly attack them. A vulnerable press may lack supporters and succumb to conformity. It may resist, and overcome tyranny. According to common belief, press freedom involves social responsibilities to equip public debate and render government transparent. Is this attitude valid given that the press is usually a private, commercial actor?

Globally, the health, authority, and viability of the press varies dramatically. These patterns do not conform to traditional divisions between North and South, East and West. Instead, they are much more complex. How do we measure successful press regulation? What concessions can the state and/or society demand of the press? What constitutes the irreducible core of press freedom?

The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania. Each volume can be used independently or as part of the complete set.

This work will be incredibly valuable to policy makers and academics who seek to capture the global picture for the purposes of effecting change.

Won Honorable Mention in the Association for Middle East Women's Studies Book Awards 2025

Based on four years of field research in Palestinian camps in Jordan - including unique interviews with Palestinian refugee women, aid workers, and representatives of international organisations and NGOs in Jordan - the book reveals the extraordinary layers of discrimination suffered by Palestinian women from Syria displaced to Jordan.

The women's experiences show them caught between settler colonialism, militarism, nationalism, refugees' global governance and gender regimes that subjected them to multiple forms of structural gender-based violence. The book argues for a feminist analysis of settler colonialism's epistemic violence of anti-Palestinianism to expose the history and geopolitics of intersecting oppressive systems that work through and upon gendered bodies of Palestinian refugee women in humanitarian settings. The book also highlights how local women's groups and frontline workers attempt to fill service gaps. Using a rich theoretical lens to understand the experiences of women in refugee camps, this book attempts to decolonise issues around migration, displacement, refugees and women.

Previous work on the Syrian refugee crisis has overlooked the very particular experiences of Palestinian refugee women, which has weakened feminist analysis of gendered processes of humanitarianism, and feminist transnational and intersectional solidarity. This book offers a vital critique of how feminists' adoption of a universality-based analysis of the Syrian refugee crisis has contributed to the further marginalisation of Palestinian refugee women from Syria.