Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether an
A hardcover boxed set of Chloe Gong's New York Times bestselling These Violent Delights and its sequel, Our Violent Endsthe lush fantasy duology reimagining Romeo and Juliet in 1920s Shanghai.The year is 1926, and Shanghai hums to the tune of debauchery. A blood feud between two gangs runs the streets red, leaving the city helpless in the grip of chaos. At the heart of it all is eighteen-year-old Juliette Cai, a former flapper who has returned to assume her role as the proud heir of the Scarlet Ganga network of criminals far above the law. Their only rivals in power are the White Flowers, who have fought the Scarlets for generations. And behind every move is their heir, Roma Montagov, Juliette's first loveand first betrayal. But something is brewing in the shadows, and as the deaths stack up, Juliette and Roma must set their gunsand grudgesaside and work together, for if they can't stop this mayhem, then there will be no city left for either to rule. This heart-stopping hardcover boxed
For fans of Hustlers and How to Get Filthy Rich in Rising Asia, the story of two Asian American women who band together to grow a counterfeit handbag scheme into a global enterprise—an incisive and glittering blend of fashion, crime, and friendship from the author of Bury What We Cannot Take and Soy Sauce for Beginners.Money can’t buy happiness… but it can buy a decent fake.Ava Wong has always played it safe. As a strait-laced, rule-abiding Chinese American lawyer with a successful surgeon as a husband, a young son, and a beautiful home—she’s built the perfect life. But beneath this façade, Ava’s world is crumbling: her marriage is falling apart, her expensive law degree hasn’t been used in years, and her toddler’s tantrums are pushing her to the breaking point.Enter Winnie Fang, Ava’s enigmatic college roommate from Mainland China, who abruptly dropped out under mysterious circumstances. Now, twenty years later, Winnie is looking to reconnect with her old friend. But the shy, awkward
Praise for The Weather Weaver:'This magical, highly original story of a girl who learns to control the weather will blow you away with its drama, warmth and wit.' Anna Wilson'A storm-swept adventure brimming with Shetland magic.' Alex EnglishOnce a year, weather weavers from all over the globe come together at the Gathering, to trade weather magic and stories. Stella and Nimbus can't wait to meet other weather weavers, but they're in for a frosty welcome. Tamar has always been a rule-breaker.This time, she's broken the law, but it's Stella who'll lose everything if the trial goes badly. Can Stella and Nimbus thaw the hearts of the council elders, or will winter tear them apart?
This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to hea
Civic humanism has been one of the most influential of all concepts in the history of ideas. In this volume, an eminent team of political theorists and historians of ideas have been brought together to reassess the impact on the subject of the pioneering work of Hans Baron (1966) and J. G. A. Pocock (1975), creating a fresh intellectual landscape in which Renaissance civic humanism can be discussed. Drawing on a wide range of political and historical texts, this book evaluates civic humanism in the light of the emergence of oligarchy, imperialism, patronage politics and the Medici ascendency in Florence in the 14th to 16th centuries. It proposes new understandings of the evolution of important republican concepts such as liberty, the rule of law, virtue, and the common good. This thought-provoking collection represents a significant contribution to the study of republican political ideology in the Renaissance and modern periods.
Xenophon of Athens was a pupil of Socrates and a philosopher in his own right. He wrote two of the texts included in this volume, the Hiero (On Tyranny) and the Constitution of the Spartans. The third, the Constitution of the Athenians, is found under Xenophon's name alongside the other two in the manuscripts. The works represent three distinct types of government (the rule of one man in tyranny and kingship, the rule of law in the mixed constitution of the Spartans, and the rule of the masses in the Athenian democracy), but there are common features throughout. This volume presents an introduction discussing Xenophon's views on government in the context of his general political thought, drawing particularly on his Socratic work Memorabilia, and a commentary on the Greek text of each work aimed primarily at advanced undergraduates and graduate students.
Xenophon of Athens was a pupil of Socrates and a philosopher in his own right. He wrote two of the texts included in this volume, the Hiero (On Tyranny) and the Constitution of the Spartans. The third, the Constitution of the Athenians, is found under Xenophon's name alongside the other two in the manuscripts. The works represent three distinct types of government (the rule of one man in tyranny and kingship, the rule of law in the mixed constitution of the Spartans, and the rule of the masses in the Athenian democracy), but there are common features throughout. This volume presents an introduction discussing Xenophon's views on government in the context of his general political thought, drawing particularly on his Socratic work Memorabilia, and a commentary on the Greek text of each work aimed primarily at advanced undergraduates and graduate students.
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
This book focuses on the developments and successes in Iraq subsequent to the Abu-Ghraib detention mission. It shows the standard rule-of-law approach taken by the U.S. military, whilst examining the
A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.
Consisting of an introduction and ten chapters, Exclusionary Empire examines the transfer of English traditions of liberty and the rule of law overseas from 1600 to 1900. Each chapter is written by a noted specialist and focuses on a particular area of the settler empire – Colonial North America, the West Indies, Ireland, the early United States, Canada, Australia, New Zealand, and South Africa – and on one non-settler colony, India. The book examines the ways in which the polities in each of these areas incorporated these traditions, paying particular attention to the extent to which these traditions were confined to the independent white male segments of society and denied to most others. This collection will be invaluable to all those interested in the history of colonialism, European expansion, the development of empire, the role of cultural inheritance in those histories, and the confinement of access to that inheritance to people of European descent.
This book examines the economic success of the industrializing economies of East Asia. Judged in terms of economic growth, or by a combination of economic and welfare criteria, this group of East Asian countries has established a clear lead over other developing areas of the world. The authors seek to identify the economic policies that have been critical to success. They analyze the varied political backgrounds and cultural heritages which enabled such a disparate group of coountries to choose successful routes to rapid growth. The East Asian countries possess widely divergent endowments of resources, but they face the same international environment as other countries. What has led to their economic achievements? One answer is 'unshackling exports' that most of the Asian countries had shackled in the first place. Other policy strands included political stability, the rule of law and economic policies that distorted prices less than other developing countries. Equally important have be
Democracy is not just a matter of constitutions, parliaments, elections, parties and the rule of law. In order to see if or how democracy works, we must attend to what people make of it, and what they think they are doing as they engage with politics, or as politics engages them. This book examines the way democracy and democratization are thought about and lived by people in China, Russia and eleven other countries in the post-communist world. It shows how democratic politics (and sometimes authoritarian politics) work in these countries, and generates insights into the prospects for different kinds of political development. The authors explore the implications for what is probable and possible in terms of trajectories of political reform, and examine four roads to democratization: liberal, republican, participatory and statist. The book will be of interest to students and scholars of comparative politics, political theory and post-communist studies.
Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.
Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.
Democracy is not just a matter of constitutions, parliaments, elections, parties and the rule of law. In order to see if or how democracy works, we must attend to what people make of it, and what they think they are doing as they engage with politics, or as politics engages them. This book examines the way democracy and democratization are thought about and lived by people in China, Russia and eleven other countries in the post-communist world. It shows how democratic politics (and sometimes authoritarian politics) work in these countries, and generates insights into the prospects for different kinds of political development. The authors explore the implications for what is probable and possible in terms of trajectories of political reform, and examine four roads to democratization: liberal, republican, participatory and statist. The book will be of interest to students and scholars of comparative politics, political theory and post-communist studies.
As corruption continues to be a persistent problem in India, concerned citizens believe empowered police agencies independent of political control are effective ways to deal with corrupt officials and politicians. What is corruption and how is it facilitated? What are the appropriate agencies to combat corruption professionally in India? Why are these not effective in deterring corrupt practices? Are the alternative solutions to tackle corruption successful? This book seeks to engage with these questions, discuss and analyze them, and conduct a thorough analysis of law, bureaucratic organizations, official data, case studies and comparative international institutions. It analyzes vast data to argue that a corrupt state only maintains the façade of rule of law but will not permit any inquiry beyond that of individual deviance. Using criminological perspectives, it presents a novel mechanism, the 'Doctrine of Good Housekeeping', for public officials to combat and prevent corruption withi