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This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.
Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolu...
Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.
Update on basic and clinical research on pituitary function and disease.
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
Challenges to law at the end of the 20th Century.- v.3.
Content: Michael Zander: The Austin Lecture: Reform of the Criminal Justice System: The Report of the Runciman Royal Commission T.R.S. Allan: The Concept of Fair Trial Gerry Maher: Dialogue and the Criminal Process Richard H. S. Tur: Lawyers' Ethics and Criminal Justice John Jackson: The Value of Jury Trial Mark Ockleton: Rules of Evidence Susan Easton: The Right to Silence and the Pursuit of Truth Celia Wells: What Runciman Didn't Say Michael A. Heather: The Revival Arbitration as a Post-modern Solution to Problems in the Criminal Justice System. (Franz Steiner 1995)
Inevitably, at a panel discussion not too long ago comparing planning cultures the discussion turned on the issue of globalisation. As a member of the panel, this author asked those in the audience who lived and/or worked in a country different from their country of origin to raise their hands. About half of the audience of well over one hundred academic teachers and researchers from all comers of the world, the present author included did so. Next he asked who had a spouse or partner from a country different from their country of origin to also raise their hands. About half of the audience, the present author included, raised their hands. This is the soft side of globalisation. The soft sid...
Presenting a framework for understanding corporate strategy public policy as it relates to human resource management activities in international business, this unique text incorporates legal issues beyond those traditionally associated with HRM.