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Disputes and the Law
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Partnerships
Beyond the Workfare State explores equality, discrimination and human rights in relation to employability and 'welfare-to-work' policies, bringing together a wide and distinctive range of illustrative studies that gives voice to a variety of potentially marginalised groups.
Law, Culture and Society
This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of dive...
Leading Works on the Legal Profession
This collection provides an innovative and engaging way of assessing the development of legal profession scholarship and its potential future development by presenting an analysis of the ‘leading works’ of the discipline. The book was written by prominent and emerging international scholars in the field, with each contributor having been invited to select and analyse a work which has for them shed light on what the legal profession is and what it does. The chapters explore the effect that the chosen work has had upon legal profession scholarship as a whole, both within particular jurisdictions and internationally. Contributors also reflect upon the likely implications of the leading work...
Zur Soziologie des Gerichtsverfahrens (Sociology of the Judicial Process)
The text concerns itself with the scope of the concepts of "social ignorance" in the law, particularly in case law. "Social knowledge" refers to general knowledge about that behavior which society expects and demands in various type situations, and with reactions and sanctions one must reckon with when conduct deviates from model behavior. The low level of knowledge of law, so obvious in modern society, is not primarily to be ascribed to the sheer volume of legal rules and doctrines, but rather to the multiplicity and impenetrability of market behavior, and the economic powerlessness of the ordinary consumer. The author illustrates the problem with analysis of cases in the Bundesgericbtsbof ...
Natural Conflict Resolution
"Filippo Aureli and Frans De Waal have succeeded in cross-fertilizing fields as disparate as ethology and medieval law to create a rich new field of research -- natural conflict resolution. It makes one see conflict resolution among humans through a new and fascinating lens. This is a landmark contribution!"—William Ury, co-author Getting to YES, author of Getting Past No and Getting to Peace
Contract Law Minimalism
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
After the Past
What was funny about ancient jokes, and why? Why did the Roman state legislate to curb the behaviour of its obscenely rich and powerful elite, if it never really expected such laws to be obeyed? Why did it oppress the poor, and lavish public child support on them? These are important questions, but ancient Greeks and Romans could never have thought of them. They never questioned the right of the rich to be rich. They could not improve their understanding of Homeric gift-giving with the experience of ritualized friendship among the Trobriand islanders. Such questions and such answers can only come from those who live after the ancient past. This volume honours the well-known Dutch epigraphist and ancient historian H.W. Pleket. Ten substantial essays reflect his wide range, from early Greece to the Roman Empire, and his taste for comparative economic and social history.
C.R.I.S.
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