Edited by Geoff Foster, Carol Levine, John G. Williamson

With a Foreword by Desmond Tutu, this book, aimed at a broad range of professionals and institutions, brings together authoritative writing from Africa, Asia, and North America on the subject of children orphaned as a result of the AIDS epidemic. The book addresses what needs to be done in the areas of education, community mobilization, economic strengthening, psychosocial support, and the fulfilment of children's rights. It considers the powerful role that religious bodies play, describes ways in which strategic responses need to be developed, and identifies areas in which further research is needed.

Edited by Richard W. Bauman, Tsvi Kahana

Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in constitutional democracies. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures.

Daniel R. Pinello

This book tells engaging first-hand narratives about what happened in Massachusetts, San Francisco, Multnomah County, Sandoval County and New Paltz between November 2003 and September 2005 regarding same-sex couples' attempts to secure access to civil marriage. The volume relies on 85 in-depth interviews with public officials (county clerks, mayors, city council members, and state legislators) who participated directly in the sundry same-sex-marriage events of 2004, interest group representatives on both sides of the marriage controversy, and lesbian and gay couples who have, or sought to be, married.

Otfried Hoeffe

Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. This book examines all aspects of this important, but neglected, body of Kant's writings.

Edited by William M. Sage, Rogan Kersh

Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance and tort litigation.

Robert S. Summers

Focusing on legal structures as they developed in Western societies, Form and Function in a Legal System looks at four paradigms of the forms of a varied selection of functional legal units: legislatures and courts, statutory rules, contracts and property, legal methodologies for interpreting law, and enforcive devices such as sanctions and remedies. In contrast to the rules-based analysis made prominent by legal thinkers such as H. L. A. Hart and Hans Kelsen, the form-oriented analysis provides a new and intellectually stimulating understanding on how law can be conceptually approached.

Peter Butt, Richard Castle

This second edition shows how and why traditional legal language has developed some of the peculiar characteristics that sometimes make legal documents inaccessible to the end users. It examines recent reforms in the UK, Australia, New Zealand and North America, and provides a step-by-step guide to drafting in the modern style. Readers of this book will receive clear instructions on how to make their writing clearer and their legal documents more useful to clients and colleagues. This book will benefit all law students and professionals.

Peter Cane, Patrick Atiyah

This book provides the classic account of personal injuries law and compensation systems in the United Kingdom. As well as discussing the basics of personal injuries ('tort') law, it explains how the tort system works, its relationship with the social security system, the criminal injuries compensation scheme and personal and liability insurance. It assesses complaints that Britain has a 'compensation culture' and is suffering from an 'insurance crisis', and that a flood of medical negligence claims threatens to drown the NHS. It also suggests how the tort system could change.

Erica Beecher-Monas

Scientific evidence is crucial in a burgeoning number of litigated cases, legislative enactments, regulatory decisions, and scholarly arguments. Evaluating Scientific Evidence explores the question of what counts as scientific knowledge, a question that has become a focus of heated courtroom and scholarly debate, not only in the United States, but in other common law countries such as the United Kingdom, Canada and Australia. Controversies are rife over what is permissible use of genetic information, whether chemical exposure causes disease, whether future dangerousness of violent or sexual offenders can be predicted, whether such time-honored methods of criminal identification (such as microscopic hair analysis, for example) have any better foundation than ancient divination rituals, among other important topics. This book examines the process of evaluating scientific evidence in both civil and criminal contexts, and explains how decisions by nonscientists that embody scientific knowledge can be improved.

William Twining

These essays, written over a period of twenty-five years, develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. They are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Terence Anderson, David Schum, William Twining

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Undergraduate and postgraduate courses of evidence and proof, practitioners and teachers alike will find this book challenging but rewarding.

Andrew Ashworth

This book deals with the justifications for sentencing and with a range of topics such as sentencing persistent offenders, the relevance of race and gender, and factors that aggravate or mitigate sentences. Its main focus is English law, and this new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003. The book covers the use of imprisonment and non-custodial penalties in some detail, assessing the new policies and the evidence for them.

Larry Laudan

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest.

Marie Gottschalk

Over the last three decades the United States has built a carceral state that is unprecedented among Western countries and in US history. Nearly one in 50 people, excluding children and the elderly, is incarcerated today, a rate unsurpassed anywhere else in the world. What are some of the main political forces that explain this unprecedented reliance on mass imprisonment? This book argues that punitive penal policies were forged by particular social movements and interest groups within the constraints of larger institutional structures and historical developments.

Peter Ørebech, Fred Bosselman, Jes Bjarup, David Callies, Martin Chanock, Hanne Petersen

For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and Northern Norway, this book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can give valuable insights into methods of managing resources in a sustainable way.

Kathrin S. Zippel

Kathrin Zippel explores the globalization and diffusion of the concept of sexual harassment from the US to Europe, and the different paths countries have embarked on to change employers' practises and the culture in the workplace. It draws on theories of comparative feminist policy, gender and welfare state regimes, and social movements, to explore the distinctly different paths that the United States, the European Union and its member states, specifically Germany, have embarked on to address the issue. Uniquely comprehensive, it will appeal to students and scholars alike.

Alison Clarke, Paul Kohler

This student textbook provides an extremely useful and readable account of general property law principles, drawing on a wide range of materials on property rights in general, and the English property law system in particular. It examines all kinds of property, and includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. Of interest to undergraduate law students.

Edited by John Rasko, Gabrielle O'Sullivan, Rachel Ankeny

Is inheritable genetic modification the new dividing line in gene therapy? The editors of this searching investigation have established a distinguished team of scientists and scholars to address the issues from the perspectives of biological and social science, law and ethics. They consider how society might deal with the ethical concerns raised by inheritable genetic modification, and re-examine prevailing views about whether these procedures will ever be ethically and socially justifiable. This is an essential contribution to one of the critical debates in current genetics.

Simon Roberts, Michael Palmer

Considers the primary forms of alternative dispute resolution (ADR) - negotiation, mediation, and umpiring - in the context of the rapidly changing discourses and practices of civil justice taking place across a range of jurisdictions. Potential litigants increasingly need to be aware of the whole range of dispute management processes available to them, and lawyers have to develop skills beyond those traditionally associated with litigation and the courts. This book brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice.

Doug Husak, Peter de Marneffe

In the US today the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? Debated by two prominent philosophers of law, Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs. Peter de Marneffe argues against, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use.