Based on a close examination of more than 700 homicide trials, A Renaissance of Violence exposes the deep social instability at the core of the early modern states of North Italy. Following a series of crises in the early seventeenth century, interpersonal violence in the region grew to frightening levels, despite the efforts of courts and governments to reduce social conflict. In this detailed study of violence in early modern Europe, Colin Rose shows how major crises, such as the plague of 1630, reduced the strength of social bonds among both elite and ordinary Italians. As a result, incidents of homicidal violence exploded - in small rural communities, in the crowded urban center and within tightly-knit families. Combining statistical analysis and close reading of homicide patterns, Rose demonstrates how the social contexts of violence, as much as the growth of state power, can contribute to explaining how and why interpersonal violence grew so rapidly in North Italy in the seventee
The Russian Empire and its legal institutions have often been associated with arbitrariness, corruption, and the lack of a 'rule of law'. Stefan B. Kirmse challenges these assumptions in this important new study of empire-building, minority rights, and legal practice in late Tsarist Russia, revealing how legal reform transformed ordinary people's interaction with state institutions from the 1860s to the 1890s. By focusing on two regions that stood out for their ethnic and religious diversity, the book follows the spread of the new legal institutions into the open steppe of Southern Russia, especially Crimea, and into the fields and forests of the Middle Volga region around the ancient Tatar capital of Kazan. It explores the degree to which the courts served as instruments of integration: the integration of former borderlands with the imperial centre and the integration of the empire's internal 'others' with the rest of society.
An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous ri
How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.
As If She Were Free brings together the biographies of twenty-four women of African descent to reveal how enslaved and recently freed women sought, imagined, and found freedom from the sixteenth through the nineteenth centuries in the Americas. Our biographical approach allows readers to view large social processes – migration, trade, enslavement, emancipation – through the perspective of individual women moving across the boundaries of slavery and freedom. For some women, freedom meant liberation and legal protection from slavery, while others focused on gaining economic, personal, political, and social rights. Rather than simply defining emancipation as a legal status that was conferred by those in authority and framing women as passive recipients of freedom, these life stories demonstrate that women were agents of emancipation, claiming free status in the courts, fighting for liberty, and defining and experiencing freedom in a surprising and inspiring range of ways.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 189 is devoted to the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India), the 2016 judgment on Jurisdiction and Admissibility in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. Pakistan) and the 2016 judgment on Preliminary Objections in Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. United Kingdom).
As If She Were Free brings together the biographies of twenty-four women of African descent to reveal how enslaved and recently freed women sought, imagined, and found freedom from the sixteenth through the nineteenth centuries in the Americas. Our biographical approach allows readers to view large social processes – migration, trade, enslavement, emancipation – through the perspective of individual women moving across the boundaries of slavery and freedom. For some women, freedom meant liberation and legal protection from slavery, while others focused on gaining economic, personal, political, and social rights. Rather than simply defining emancipation as a legal status that was conferred by those in authority and framing women as passive recipients of freedom, these life stories demonstrate that women were agents of emancipation, claiming free status in the courts, fighting for liberty, and defining and experiencing freedom in a surprising and inspiring range of ways.
From the palace courts of Henry VIII to the perennial glorious failures of British players on Wimbledon’s Centre Court, the history of tennis in Britain reflects important themes in Britain’s social h
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 177 is devoted to the 2017 Final Award on Costs in Philip Morris Asia Limited v. Australia, the 2015 and 2016 orders on provisional measures of the International Tribunal for the Law of the Sea and the Arbitration Tribunal in The Enrica Lexie Incident (Italy v. India) and the 2011 order and 2013 judgment of the International Court of Justice in Request for Interpretation (Cambodia v. Thailand).
Over the past decade, the Democratic Republic of the Congo (DR Congo) and South Africa have attracted global attention for high rates of sexual and gender-based violence. Why is it that courts in eastern DR Congo prioritize gender crimes despite considerable logistical challenges, while courts in South Africa, home to a far stronger legal infrastructure and human rights record, have struggled to provide justice to victims of similar crimes? Lake shows that state fragility in DR Congo has created openings for human rights nongovernmental organizations (NGOs) to influence legal processes in ways that have proved impossible in countries like South Africa, where the state is stronger. Yet exploiting opportunities presented by state fragility to pursue narrow human rights goals invites a host of new challenges. Strong NGOs and Weak States documents the promises and pitfalls of human rights and rule of law advocacy undertaken by NGOs in strong and weak states alike.
Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting
How would feminist perspectives and analytical methods change the interpretation of employment discrimination law? Would the conscious use of feminist perspectives make a difference? This volume shows the difference feminist analysis can make to the interpretation of employment discrimination statutes. This book brings together a group of scholars and lawyers to rewrite fifteen employment discrimination decisions in which a feminist analysis would have changed the outcome or the courts' reasoning. It demonstrates that use of feminist perspectives and methodologies, if adopted by the courts, would have made a significant difference in employment discrimination law, leading to a fairer and more egalitarian workplace, and a more prosperous society.
Indigenous Water Rights in Law and Regulation responds to an unresolved question in legal scholarship: how are (or how might be) indigenous peoples' rights included in contemporary regulatory regimes for water. This book considers that question in the context of two key trajectories of comparative water law and policy. First, the tendency to 'commoditise' the natural environment and use private property rights and market mechanisms in water regulation. Second, the tendency of domestic and international courts and legislatures to devise new legal mechanisms for the management and governance of water resources, in particular 'legal person' models. This book adopts a comparative research method to explore opportunities for accommodating indigenous peoples' rights in contemporary water regulation, with country studies in Australia, Aotearoa New Zealand, Chile and Colombia, providing much needed attention to the role of rights and regulation in determining indigenous access to, and involvem
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied—as, in many cases, are the rules themselves. Law and Election
This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion.Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts’ resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the ‘judicialisation turn
A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features
