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Law's Dream of a Common Knowledge

If knowledge is power, then the power of law can be studied through the lens of knowledge. This book opens up a substantive new area of legal research--knowledge production--and presents a series of case studies showing that the hybridity and eclecticism of legal knowledge processes make it unfruitful to ask questions such as, "Is law becoming more dominated by science?" Mariana Valverde argues that legal decision making cannot be understood if one counterposes science and technology, on the one hand, to common knowledge and common sense on the other. The case studies of law's flexible collage of knowledges range from determinations of drunkenness made by liquor licensing inspectors and by police, through police testimony in "indecency" cases, to how judges define the "truth" of sexuality and the harm that obscenity poses to communities. Valverde emphasizes that the types of knowledge that circulate in such legal arenas consist of "facts," values, and codes from numerous incompatible sources that combine to produce interesting hybrids with wide-ranging legal and social effects. Drawing on Foucaultian and other analytical tools, she cogently demonstrates that different modes of knowledge, and hence various forms of power, coexist happily. Law's Dream of a Common Knowledge underlines the importance of analyzing dynamically how knowledge formation works. And it helps us to better understand the workings of power and resistance in a variety of contemporary contexts. It will interest scholars and students from disciplines including law, sociology, anthropology, history, and science-and-technology studies as well as those concerned with the particular issues raised by the case studies.

Lawyers and Vampires: Cultural Histories of Legal Professions

This is the first book that directly addresses the cultural history of the legal profession. An international team of scholars canvasses wide-ranging issues concerning the culture of the legal profession and the wider cultural significance of lawyers,including consideration of the relation to cultural processes of state formation and colonisation. The essays describe and analyse significant aspects of the cultural history of the legal profession in England, Canada, Australia, France, Germany, Italy, Sweden, Switzerland, Norway and Finland. The book seeks to understand the complex ways in which lawyers were imaginatively and institutionally constructed, and their larger cultural significance. It illustrates both the diversity and the potential of a cultural approach to lawyers in history.Contents: Introduction and Overview; Part I The Formation of Lawyers; Part II Lawyers and the Liberal State; Part III Work and Representations; Part IV Lawyers and ColonialismContributors: David Applebaum, Professor of History, Rowan University, Glassboro, NJ; Harold Dick, Barrister and Solicitor, City of Winnipeg, Manitoba, Canada; Ann Fidler, Assistant Professor and Dean, History Department, Honors Tutorial College, Ohio University; Jean-Louis Halperin, University of Bourgogne, CNRS; Esa Konttinen.Senior Lecturer of Sociology, University of Jyraskyla, Finland; David Lemmings, Associate Professor of History, University of Newcastle, Australia; Anne McGillivray, Professor of Law, University of Manitoba, Canada; Rob McQueen, Professor of Law, Victoria University, Melbourne, Australia; Kjell A Modeer, Lund University, Sweden; W. Wesley Pue, Nemetz Chair in Legal History, Faculty of Law, University of British Columbia; John Savage, Assistant Professor, History Department, Lehigh University; Hannes Siegrist, Professor of Modern European History, University of Leipzig; David Sugarman, Professor of Law, Law School, Lancaster University.

The Least Dangerous Branch?: Consequences of Judicial Activism (Non-ser.)

Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.•Busing •Affirmative action •Prison reform •Mental health reform •Procedural reforms in law enforcement •Electoral redistricting In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies—and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.

Lebenswelt Gefängnis: Einblick in den Jugendstrafvollzug mit Berichten junger Gefangener (Beiträge zu Kriminologie und Strafrecht)

In der öffentlichen und politischen Diskussion sorgen junge Straftäter immer wieder für Schlagzeilen. Der tatsächliche Alltag von jungen Strafgefangenen wird dabei gerne außen vorgelassen. Das Buch vermittelt authentische Einblicke in den Lebenesalltag jugendlicher Inhaftierter hinter Gittern. Einführend wird erläutert, wer und wie man in Jugendstrafanstalten kommt; im Hauptteil berichten jugendliche Inhaftierte in verschiedenen Beiträgen über sich selbst und ihre Erlebnisse und Erfahrungen hinter Gittern; abschließend werden die Problemfolgen des Jugendstrafvollzuges erörtert. Durch die Reportagen wird dem Leser deutlich, wie schlecht Resozialisierung im Gefängnismilieu gelingt und wie dringend es entsprechender Veränderungen bedarf.

Leitfaden für Bausachverständige: Rechtsgrundlagen - Gutachten - Haftung

Das Buch beantwortet die wichtigsten Fragen im Zusammenhang mit der Tätigkeit eines Bausachverständigen, wie die Tätigkeit vor Gericht, die Erstellung des Gutachtens, die Fragen der Vergütung und Haftung usw. Es stellt sowohl für den Anfänger als auch für den erfahrenen Bausachverständigen eine konkrete Hilfe bei der Lösung aller Fragen dar, die sich den Bausachverständigen stellen. Die Zusammenarbeit zwischen einem erfahrenen Richter und einem erfahrenen Bausachverständigen gewährleistet eine Perspektive der Probleme sowohl aus der Sicht des Sachverständigen als auch des Richters.

Leitlinien, Richtlinien und Gesetz: Wieviel Reglementierung vertägt das Arzt-Patienten-Verhältnis? (MedR Schriftenreihe Medizinrecht)

Liber Amicorum Pierre Widmer (Tort and Insurance Law #10)

The Liber Amicorum Pierre Widmer honours an outstanding tort lawyer and leading author of the recent reform of Swiss Tort Law. Renowned tort lawyers from 11 jurisdictions present questions of interest in tort law today. These include current reform projects in various European countries as well as EU-legislation.The book presents such essential topics as for example a view towards a unified European tort law, the position of insurers in the law of torts; as well as controversial issues in national legislations, compensation for immaterial damage, for household chores and for encroachment on the use of goods, questions concerning personal injury and death, product liability, problems of causation, the protection of privacy, the period of expiration, action of dependants, multiple tortfeasors, and no-fault compensation schemes. It also questions traditional legal rules such as "ex turpi causa non oritur actio” and "volenti non fit iniuria”.

Lincoln's Constitution

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Lincoln's Constitution

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Lincoln's Constitution (Late Medieval And Early Renaissance Music In Facsimile Ser.)

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Living Philosophy: An Introduction to Moral Thought

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Living Philosophy: An Introduction to Moral Thought

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

The Logic of Equality: A Formal Analysis of Non-Discrimination Law (Routledge Revivals Ser.)

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

The Logic of Equality: A Formal Analysis of Non-Discrimination Law

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

The Long Shadow

From Mark Mills, author of the award-winning THE SAVAGE GARDEN comes THE LONG SHADOW, a first-class thriller in the vein of Robert Harris and William Boyd. Blood brothers or sworn enemies? You never forget what the fight was about... THE LONG SHADOW is a stunning depiction of resentment and revenge.Ben Makepeace has barely thought of Jacob since school. What he remembers is a competitive, manipulative boy, impinging on his life. Now Ben is the wrong side of forty with a young son to support and in need of a backer. A call to meet hedge-fund billionaire Victor Sheldon is promising, but there's a surprise in store - Victor is Jacob, now firmly entrenched in a gilded world of riches and glamour. History can cast a long shadow and while Ben believes his childhood is well over, he soon discovers the roots of the past dig deep.

Looking Backward, Moving Forward: Confronting the Armenian Genocide

The decades separating our new century from the Armenian Genocide, the prototype of modern-day nation-killings, have fundamentally changed the political composition of the region. Virtually no Armenians remain on their historic territories in what is today eastern Turkey. The Armenian people have been scattered about the world. And a small independent republic has come to replace the Armenian Soviet Socialist Republic, which was all that was left of the homeland as the result of Turkish invasion and Bolshevik collusion in 1920. One element has remained constant. Notwithstanding the eloquent, compelling evidence housed in the United States National Archives and repositories around the world, successive Turkish governments have denied that the predecessor Young Turk regime committed genocide, and, like the Nazis who followed their example, sought aggressively to deflect blame by accusing the victims themselves.This volume argues that the time has come for Turkey to reassess the propriety of its approach, and to begin the process that will allow it move into a post-genocide era. The work includes "Genocide: An Agenda for Action," Gijs M. de Vries; "Determinants of the Armenian Genocide," Donald Bloxham; "Looking Backward and Forward," Joyce Apsel; "The United States Response to the Armenian Genocide," Simon Payaslian; "The League of Nations and the Reclamation of Armenian Genocide Survivors," Vahram L. Shemmassian; "Raphael Lemkin and the Armenian Genocide," Steven L. Jacobs; "Reconstructing Turkish Historiography of the Armenian Massacres and Deaths of 1915," Fatma Muge Go;cek; "Bitter-Sweet Memories; "The Armenian Genocide and International Law," Joe Verhoeven; "New Directions in Literary Response to the Armenian Genocide," Rubina Peroomian; "Denial and Free Speech," Henry C. Theriault; "Healing and Reconciliation," Ervin Staub; "State and Nation," Raffi K. Hovannisian.

Looking Backward, Moving Forward: Confronting the Armenian Genocide

The decades separating our new century from the Armenian Genocide, the prototype of modern-day nation-killings, have fundamentally changed the political composition of the region. Virtually no Armenians remain on their historic territories in what is today eastern Turkey. The Armenian people have been scattered about the world. And a small independent republic has come to replace the Armenian Soviet Socialist Republic, which was all that was left of the homeland as the result of Turkish invasion and Bolshevik collusion in 1920. One element has remained constant. Notwithstanding the eloquent, compelling evidence housed in the United States National Archives and repositories around the world, successive Turkish governments have denied that the predecessor Young Turk regime committed genocide, and, like the Nazis who followed their example, sought aggressively to deflect blame by accusing the victims themselves.This volume argues that the time has come for Turkey to reassess the propriety of its approach, and to begin the process that will allow it move into a post-genocide era. The work includes "Genocide: An Agenda for Action," Gijs M. de Vries; "Determinants of the Armenian Genocide," Donald Bloxham; "Looking Backward and Forward," Joyce Apsel; "The United States Response to the Armenian Genocide," Simon Payaslian; "The League of Nations and the Reclamation of Armenian Genocide Survivors," Vahram L. Shemmassian; "Raphael Lemkin and the Armenian Genocide," Steven L. Jacobs; "Reconstructing Turkish Historiography of the Armenian Massacres and Deaths of 1915," Fatma Muge Go;cek; "Bitter-Sweet Memories; "The Armenian Genocide and International Law," Joe Verhoeven; "New Directions in Literary Response to the Armenian Genocide," Rubina Peroomian; "Denial and Free Speech," Henry C. Theriault; "Healing and Reconciliation," Ervin Staub; "State and Nation," Raffi K. Hovannisian.

Losing It

A man who has everything, a girl who has nothing, and a woman who has to fight to keep what’s hers. Everyone has something to lose…

Lost Light (Harry Bosch Series #9)

Award-winning No.1 bestselling author Michael Connelly's ninth Bosch book. Hieronymus (Harry) Bosch has retired from the Los Angeles Police Department - but the discovery of a startling unsolved murder among his old case files means he cannot rest until he finds the killer. When he left the LAPD, Bosch took a file with him: the case of a production assistant murdered four years earlier during a movie set robbery. The LAPD thinks the stolen money was used to finance a terrorist training camp. Thoughts of the original murder victim were lost in the federal zeal, and when Bosch decides to reinvestigate, he quickly falls foul of both his old colleagues and the FBI. When the private investigation enables him to meet up with an old friend, shadows from his past come back to haunt him . . .

Making Human Rights Work Globally

This book is one of the first studies in the new field of the sociology of human rights,and it centres its analysis on labour rights. Such rights are of critical importance in this field, work being the defining aspect of many peoples lives and a central concern of sociology.

Making Human Rights Work Globally

This book is one of the first studies in the new field of the sociology of human rights,and it centres its analysis on labour rights. Such rights are of critical importance in this field, work being the defining aspect of many peoples lives and a central concern of sociology.

Managing Corporate Reputation and Risk: Developing A Strategic Approach To Corporate Integrity Using Knowledge Management

With the collapse of high-profile companies such as Enron and Tyco, worldwide anti-globalization protests, and recent revelations of questionable behavior by financial groups and auditors, corporate behavior has become the highest priority topic for businesspeople, investors, politicians and the public. Yet despite the critical importance of maintaining public and shareholder trust, most corporations make very little formal effort to actively manage the activities that can put their reputation, share price, and customer base at risk. Most corporations officially embrace the concept of Corporate Social Responsibility; but giving money away to local communities or worthy causes will not prevent an ethical disaster. The problem is not social irresponsibility; the problem is a lack of knowledge about what is taking place in the company or at its subcontractor sites. What companies need to be thinking about is not a theoretical construct around Corporate Social Responsibility, or how they can spin public opinion by charitable actions. They need to be thinking about how they can create a practical knowledge and risk management framework in their company that allows them to avoid costly and reputation-damaging behavior in the first place.Ultimately, this comes down to knowledge management. Whether violations of human rights, employment law, or environmental standards - or simply accounting shenanigans - invariably the reason that these activities are not anticipated and avoided is simply that executives and board members do not realize what is happening in the organization, and what the likely implications of actions will be. And the larger the organization, the more extensive that lack of knowledge. The good news is that developing a strategic approach to corporate integrity is neither exceptionally expensive nor particularly difficult. The problem is that companies that are already using sophisticated information technology and knowledge management tools for gathering internal and external information have focused those systems and practices almost exclusively on operational issues and increasing productivity. But these same knowledge management techniques - built around emerging ethical guidelines being developed by international standards groups - can be used by companies to create an effective global policy for building and maintaining corporate integrity. This means applying knowledge management techniques in three important areas:* First, they need to mobilize key employee knowledge and the vast amount of information available on potentially sensitive issues in a way that allows key decision-makers to "sense and respond" quickly and correctly to developing risks. * Second, it means creating objective, scenario-based guidelines for ethical behavior, communicating those guidelines using knowledge management techniques among key organizational leaders, and providing a workable system of incentives for managers to surface potentially dangerous issues. * Third, companies need to adopt emerging guidelines such as AA1000 that provide for ethical procedures and performance indicators that enable companies to audit and monitor their own behavior, and also to provide shareholders and the buying public with an objective report on the company's ethical performance. Much like ISO 9000, Six Sigma and other performance and productivity and practice standards of the 1990s, these new global ethics standards will inevitably become a baseline by which investors and customers judge a company's potential for future growth and stability. High marks on auditable ethical performance set against these guidelines will become an important way for companies to differentiate themselves from their competition in the future. Developing a workable program for corporate ethics will be one of the most important issues of this decade, and will be "the next big thing" for large organizations. A drive towa

Managing Corporate Reputation and Risk

With the collapse of high-profile companies such as Enron and Tyco, worldwide anti-globalization protests, and recent revelations of questionable behavior by financial groups and auditors, corporate behavior has become the highest priority topic for businesspeople, investors, politicians and the public. Yet despite the critical importance of maintaining public and shareholder trust, most corporations make very little formal effort to actively manage the activities that can put their reputation, share price, and customer base at risk. Most corporations officially embrace the concept of Corporate Social Responsibility; but giving money away to local communities or worthy causes will not prevent an ethical disaster. The problem is not social irresponsibility; the problem is a lack of knowledge about what is taking place in the company or at its subcontractor sites. What companies need to be thinking about is not a theoretical construct around Corporate Social Responsibility, or how they can spin public opinion by charitable actions. They need to be thinking about how they can create a practical knowledge and risk management framework in their company that allows them to avoid costly and reputation-damaging behavior in the first place.Ultimately, this comes down to knowledge management. Whether violations of human rights, employment law, or environmental standards - or simply accounting shenanigans - invariably the reason that these activities are not anticipated and avoided is simply that executives and board members do not realize what is happening in the organization, and what the likely implications of actions will be. And the larger the organization, the more extensive that lack of knowledge. The good news is that developing a strategic approach to corporate integrity is neither exceptionally expensive nor particularly difficult. The problem is that companies that are already using sophisticated information technology and knowledge management tools for gathering internal and external information have focused those systems and practices almost exclusively on operational issues and increasing productivity. But these same knowledge management techniques - built around emerging ethical guidelines being developed by international standards groups - can be used by companies to create an effective global policy for building and maintaining corporate integrity. This means applying knowledge management techniques in three important areas:* First, they need to mobilize key employee knowledge and the vast amount of information available on potentially sensitive issues in a way that allows key decision-makers to "sense and respond" quickly and correctly to developing risks. * Second, it means creating objective, scenario-based guidelines for ethical behavior, communicating those guidelines using knowledge management techniques among key organizational leaders, and providing a workable system of incentives for managers to surface potentially dangerous issues. * Third, companies need to adopt emerging guidelines such as AA1000 that provide for ethical procedures and performance indicators that enable companies to audit and monitor their own behavior, and also to provide shareholders and the buying public with an objective report on the company's ethical performance. Much like ISO 9000, Six Sigma and other performance and productivity and practice standards of the 1990s, these new global ethics standards will inevitably become a baseline by which investors and customers judge a company's potential for future growth and stability. High marks on auditable ethical performance set against these guidelines will become an important way for companies to differentiate themselves from their competition in the future. Developing a workable program for corporate ethics will be one of the most important issues of this decade, and will be "the next big thing" for large organizations. A drive towa

The Many and the One: Religious and Secular Perspectives on Ethical Pluralism in the Modern World

The war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent "clash of civilizations" or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understood by classical liberalism, liberal-egalitarianism, critical theory, feminism, natural law, Confucianism, Islam, Judaism, and Christianity. Each essay addresses five questions: Is the ideal society ethically uniform or diverse? Should the state protect, ban, or otherwise intervene in ethically based differences? How should disagreements on the rights and duties of citizens be dealt with? Should the state regulate life-and-death decisions such as euthanasia? To what extent should conflicting views on sexual relationships be accommodated? This book shows that contentious questions can be discussed with both incisiveness and civility. The editors provide the introduction and Donald Moon, the conclusion. The contributors are Brian Barry, Joseph Boyle, Simone Chambers, Joseph Chan, Christine Di Stefano, Dale F. Eickelman, Menachem Fisch, William Galston, John Haldane, Chandran Kukathas, David Little, Muhammad Khalid Masud, Carole Pateman, William F. Scheuerman, Adam B. Seligman, James W. Skillen, James Tully, and Lee H. Yearley.

The Many and the One: Religious and Secular Perspectives on Ethical Pluralism in the Modern World

The war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent "clash of civilizations" or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understood by classical liberalism, liberal-egalitarianism, critical theory, feminism, natural law, Confucianism, Islam, Judaism, and Christianity. Each essay addresses five questions: Is the ideal society ethically uniform or diverse? Should the state protect, ban, or otherwise intervene in ethically based differences? How should disagreements on the rights and duties of citizens be dealt with? Should the state regulate life-and-death decisions such as euthanasia? To what extent should conflicting views on sexual relationships be accommodated? This book shows that contentious questions can be discussed with both incisiveness and civility. The editors provide the introduction and Donald Moon, the conclusion. The contributors are Brian Barry, Joseph Boyle, Simone Chambers, Joseph Chan, Christine Di Stefano, Dale F. Eickelman, Menachem Fisch, William Galston, John Haldane, Chandran Kukathas, David Little, Muhammad Khalid Masud, Carole Pateman, William F. Scheuerman, Adam B. Seligman, James W. Skillen, James Tully, and Lee H. Yearley.