The purpose of this book is to consider the legality of the changing practice of the International Committee of the Red Cross (ICRC). It provides extensive legal analysis of the ICRC as an organisatio
Lon L. Fuller's account of legality is widely accepted as the classic 20th-century statement of the principles of the rule of law. What is much less accepted is his argument that a necessary connectio
Enabling a rich cross-fertilization of experiences and discourses, this book addresses the legality of indefinite detention in various commonwealth countries, including Canada, Australia, and the UK.
Professor Clayton Roberts opens his book with the assertion that the responsibilities assumed by Sir Robert Walpole as the leading minister of George I differed markedly from those borne by Lord Burghley as the most trusted servant of Queen Elizabeth. Walpole assumed responsibility for the advice upon which the King acted, and answered to Parliament for the wisdom as well as the legality of that advice. Lord Burghley had claimed no such responsibility for the counsels upon which the Queen acted. If necessary Lord Burghley could plead the Queen's commands to justify his actions; Walpole knew he could not plead the Queen's commands to justify his conduct. He had to answer for his conduct to Parliament where he was liable to criticism, censure and impeachment. To gain office and to remain in office, Walpole needed the confidence of Parliament as well as of the King.
The British have long boasted of their tradition of asylum for political refugees, but never with more justification than in the nineteenth century, when the legal toleration which was accorded them in Britain was nearly absolute. Not only were fugitives of all political complexions allowed into Britain, but there was for most of the century no possible way - no law on the statute book - by which they could be kept out. This, and the licence which was allowed them to agitate and conspire were greatly resented by the governments from which they had fled, and regretted only a little less by many British ministers, who sometimes found it necessary to take measures against them which were of dubious constitutional legality, and who wished, and once tried, to amend the law in order to enable them to do more. That effort, arising from Orsini's bomb plot in January 1858, resulted in the fall of the government which proposed it, and the loss by its successor of a famous state prosecution: a fa
War is invariably accompanied by debate, if not controversy, over the legitimacy of using force. Alongside the longstanding state practice of justifying use of force is the increasing codification of legal rules on the use of force. In this volume a leading group of international authorities consider the issues surrounding the legitimation of force from several distinct disciplinary perspectives, including political science, law, history and philosophy. In particular, they examine the underlying question of whether and how international society's traditional norms of sovereignty and non-intervention can coexist both with the new norm of humanitarian intervention and with an increasingly hegemonial (if not 'imperial') role played by the United States. What is the difference between 'legality' and 'legitimacy'? Is the latter a truly universal concept or mainly a Western one? Are earlier ideas about 'just war' still relevant?
Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.
Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.
Patriots, Settlers, and the Origins of American Social Policy offers a pathbreaking account of the pivotal role played by entitlement policies during the first hundred years of the United States' existence. Contrary to the story of developmental delay contained in the standard historiography, Laura Jensen reveals that national social policies not only existed in early America, but also were a major instrument by which the fledgling US government built itself and the new nation. From 1776 onwards, Federal pensions and land entitlements figured prominently in the growth and empowerment of a unique American state, the consolidation and expansion of the country, and the political incorporation of a diverse citizenry. The book provides a rich account of how governing institutions, public expectations, ideas about law and legality, political necessity and public policy gave shape to definitions of need, worth, and eligibility in late eighteenth and nineteenth century America.
In the generation that has passed, what have we learned about the rule of law, legality, legal reasoning, and deviance in Russia? And what about the general subject of legal socialization – how young
Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality,
Highlights the life and accomplishments of the man who challenged the legality of imprisoning Japanese Americans during World War II, describing the prejudice he and other Japanese Americans experienc
While conventional warfare has an established body of legal precedence, the legality of drone strikes by the United States in Pakistan and elsewhere remains ambiguous. This book explores the legal and
Bringing together her own and others' research into same-sex marriage from a communications perspective, the author addresses perceptions and experiences in the context of the new legality in the US,
Street food vendors are both a symbol and a scourge of Mumbai: cheap roadside snacks are enjoyed by all, but the people who make them dance on a razor's edge of legality. While neighborhood associatio
Curt Flood, former star center fielder for the St. Louis Cardinals, is a hero to many for selflessly sacrificing his career to challenge the legality of baseball’s reserve system. Although he lo
First published in 1976, this is a comprehensive study of practical thinking. Professor Körner shows the complex relations which a person's practical attitudes bear to each other, and shows in particular how their moral or prudential character depends not only on their content and form but also on their place in the system constituted by them. There are detailed accounts of the concepts of morality, prudence, justice, welfare and legality, as well as the logical foundations, epistemology and metaphysics of practical thinking. The book is intended for philosophers and for those political theorists and social scientists who are concerned with the philosophical presuppositions and implications of their enquiries. The book is deliberately organized so that those with less interest in the logical issues dealt with in Part I can proceed quickly and easily to the more substantive issues in Parts II and III.
Now more than ever, doctors are being targeted by government prosecutors and whistleblowers challenging the legality of their relationships with drug and device companies. With reputations at stake an
Presents articles both supporting and opposing issues related to curfews for teenagers, including the legality of a teen curfew law, teen driving restrictions, and the role of the parent in enforcing
Volume 2 uses the economic and legal concepts/theories of Volume 1 to (1) analyze the U.S. and E.U. antitrust legality of mergers, joint ventures, and the pricing-technique and contractual/sales-poli
