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The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In Crimes of the Holocaust, Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, e...
Law as Culture is a beguilingly accessible, lively and engaging introduction to the law and to legal skills, complete with innovative skills exercises and even some cartoons. It gives the reader a framework for subsequent legal study and for professional life by demystifying the language and culture of the law and by building legal skills. The Extracts, Preface to the 2nd edn and Skills Inventory (below, link above), clearly outline the many strengths of this edition. The book shows how law students are socialised into professional legal culture, and encourages independent thought. It highlights the ways in which law reflects social values and priorities, the place of law as one among many s...
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"Author Mel A. Topf provides readers with the only comprehensive treatment of the history, concepts, jurisprudence, and controversies relating to state supreme court advisory opinions. This significant area of state constitutional law has no parallel in federal law, which bars advisory opinions from federal courts. Though just ten states have adopted such advisory opinions (many others have debated but rejected them), they have been implicated in major issues regarding American judicial power. The book explains the so-far-unexplained first appearance of advisory authority in 1780, and addresses the persistent aura of illegitimacy that has always shadowed this authority"--Provided by publisher.
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular par...
"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.
The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.
The American trial looms large in our collective imagination - witness the enormous popularity of Law Order - but it is, in reality, almost extinct. In 2002, less than 2 percent of federal civil cases culminated in a trial, down from 12 percent forty years earlier. And the number of criminal trials also dropped dramatically, from 9 percent of ca...