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What is the moral foundation of human rights, justice, and the rule of law? In a time of deep cultural and political division, this volume charts the rich history of one of the most enduring ideas in Western thought: that moral and legal norms are rooted in human nature and accessible to reason. Spanning ancient, medieval, early modern, and contemporary traditions-including Islamic and African-American perspectives-the volume shows how Natural Law has evolved and how it continues to shape debates in ethics, politics, and jurisprudence. With chapters on Aristotle, Aquinas, Grotius, Locke, and the American Founders, as well as modern voices like Jacques Maritain and Martin Luther King, it offers both historical depth and philosophical clarity. Essential reading for students and scholars in philosophy, law, theology, and political theory, it invites readers to rediscover a tradition that speaks urgently to the moral challenges of our time.
The Cambridge Handbook of the Law of Networks, Platforms and Utilities offers a comparative and multi-sector analysis of the most important industries shaping people's lives, including transportation, communications, finance, energy, technology, and social infrastructure. Enterprises in these sectors are unlike other businesses because they form the basic infrastructure for commerce and society. Network, platform, and utility (NPU) enterprises tend toward monopoly or oligopoly, and often involve structurally unequal bargaining power because of economies of scale, network effects, special skills, and high capital costs. As a result, NPU enterprises around the world have generally been governed by distinctive legal regimes: public ownership, public utility regulation and oversight, or public options alongside private businesses. The Cambridge Handbook of the Law of Networks, Platforms and Utilities brings together leading scholars to capture the central themes and concepts in the field and describe how countries around the world govern NPU enterprises.
The book examines how civil disputes are resolved in England and Wales, where courts, alternative dispute resolution (ADR), and digital technologies increasingly interact within a pluralist justice system. Part I analyses adjudicative processes-particularly litigation and arbitration-as mechanisms for delivering substantive justice. Part II explores consensual and hybrid approaches, including negotiation, mediation, and ombudsman schemes, focusing on their adaptability and emphasis on early settlement. Part III considers technological innovation, including Online Dispute Resolution, digital courts, and artificial intelligence, and how these developments are reshaping access to justice. Tracing the convergence of adjudicative, consensual, and digital processes, the book argues that technology is dissolving traditional boundaries between court-based and ADR methods. It advances a conceptual and practical framework for twenty-first-century civil dispute resolution, integrating doctrinal, comparative, and policy insights, and it positions justice, settlement, and technology as the core pillars of analysis and reform.
Artificial Intelligence (AI) is transforming the fight against financial crime, but how can it be deployed responsibly? In answer to that question, this book provides a comprehensive roadmap that integrates legal clarity, ethical guidance, and operational strategies on AI governance. Leveraging the EU's AI Act, national legal instruments and comparative insights, the book examines the challenges of AI governance and offers practical tools for bias mitigation, explainability, accountability, and risk management. The book's use of real-world case studies and contributions from academics and practitioners – including experts with law enforcement experience – enables scholars, students, and professionals in disciplines such as law, criminology, finance, and policing to bridge theory and practice. This makes it an indispensable resource for research, teaching, and professional training. Whether you are shaping policy, implementing compliance frameworks, or exploring AI's role in fighting financial crime, this book provides the roadmap you need to balance innovation and responsibility. This title is also available as open access on Cambridge Core.
Why and how did English society embrace the prison as an answer to social problems? This study uncovers an important part of this story, revealing the growing centrality of prisons in early modern England to everyday social relations based on credit and debt. Between 1560 and 1700, prisons became essential to disciplining economic and moral life, provoking growing anxiety over incarceration and loss of liberty. In turn, new ideas crystallised about prisons as tools of coercion, deterrence, punishment and rehabilitation, while novel abolitionist politics developed among prison activists. This came to a head during the English Revolution, when prisoners' longstanding antagonism towards state and legal institutions entered radical milieus and law reform movements, impacting debates over authority, tyranny and liberty. This study reveals how straining credit networks, swelling prison populations and socioeconomic upheaval reshaped early modern society and politics. In doing so, Richard Thomas Bell sheds new light on the development of carceral ideas that remain fundamental, yet increasingly controversial, in contemporary society.
Citizenship deprivation has made a striking return to the political and legal landscapes of liberal democracies. How can we account for this return and the subsequent normalisation of the powers? What explains 'resistances' to this return and variation between state practices? More broadly, what do we learn about citizenship deprivation when we read it through a constitutional lens? This book addresses these key questions through an in-depth, historically grounded, comparative analysis of France and the UK. In the book, citizenship deprivation is revealed not as a narrow counter-terrorism tool but as a racialised migration mechanism embedded in constitutional architectures and rooted in colonial legacies. By connecting citizenship regimes to state's constitutional structures, this book also shows how constitutional stories about citizenship infuse the behaviours of state actors (providing legitimation frames and discourses) and how these stories tie to states' structures, eventually accounting for variations between state practices.
Critical Evidence taps into a growing body of scholarship that demonstrates evidence law is fundamentally about power, setting the boundaries of whose voices will be heard and what types of knowledge will be cognizable in courts of law in the United States. The book brings together leading and emerging Critical Evidence scholars to examine the major rules that govern admissibility in court, from relevancy to hearsay to privileges. These scholars show that many such rules are not neutral as constructed or applied, but, in fact, privilege insiders at the expense of outsiders, namely poor people, women, people of color, disabled people, and LGBTQ+ people. Through a close reading of rules and doctrine, Critical Evidence shows that evidence law must and should change in order to serve as a system that promotes truth, justice and fairness for all in the American legal system.
The COVID-19 pandemic disproportionately harmed members of already disadvantaged and vulnerable communities. Focusing on five communities in the US with comparative data from other countries – children, older adults, women, people of color, and those who are incarcerated – The Unequal Pandemic explains why. The book points to the inadequacies of the public policies adopted to respond to the pandemic, evaluating their effectiveness and compliance with ethical norms and human rights obligations. By assessing the failures of the responses to the COVID-19 pandemic, the book outlines needed policy changes to rectify current disparities and respond more effectively in future health emergencies.
This book examines a group of mostly Social Democratic resisters and emigres whose biographies from the Nazi seizure of power until the defeat and occupation of Germany caused a radical change in the constitutional politics of postwar West Germany. Most notably, they embraced the idea of a 'militant democracy' in which the free democratic order would be protected from democracy's supposedly self-destructive proclivities by banning extremist parties and organizations from the political arena and empowering what is arguably the strongest constitutional court in the world to review legislation, enforce militant democracy and generally act as a 'guardian of the constitution.' This was an antifascist response to popular support for the German dictatorship and its worst crimes. In the postwar, these anti-Nazis empowered courts to review legislation as a way to try Nazi war criminals and purge Nazi ideology from German law.
Anarchism is often assumed to stand outside constitutionalism, yet it forms a significant, if overlooked, tradition of constitutional thought. Addressing global constitutional crises and the impasses of state-centred politics, this book brings anarchism into productive dialogue with constitutional, political and international theory. At its core is a reconstruction of anarchist social theory grounded in an ontology of anarchy shaped by European social science and republican concerns with dividing and balancing power. These ideas were reinterpreted by major anarchist thinkers - from Proudhon to Lucy Parsons, and from Tolstoy to Kōtoku Shūsui - who advanced decentralised, federalist alternatives to imperial and hierarchical orders. Combining intellectual history with co-produced research alongside anarchist groups, Constitutionalising Anarchy shows how constitutional practices developed within militant labour unions, protest movements and cooperatives across the twentieth century. It reconsiders anarchy, constitutionalism and the possibilities of political organisation. This title is also available as open access on Cambridge Core.
Throughout the world, in liberal states, it is common to use prenatal selection techniques and procedures which can prevent the birth of a disabled child. A common assumption is that this practice is driven by individual choice, and that the state itself is neutral. If instead the state was not neutral, this would raise fears of eugenics. The purpose of this book is to test this common assumption. While there is extensive literature on the ethics of selecting against disability, this book proposes a different starting point based on an analysis of the state's position. Through an examination of liberal theory, and a review of concrete examples of state practice, it sheds new light on our society's commitment to the equality of disabled people and the equality of women.
This book offers a wholly new way of thinking about the ideas, struggles and practices that constituted the “historical” Cold War. It challenges dominant myths about the history of the Cold War, arguing that far from being consumed by their ideological rivalry, the US and the Soviet Union were engaged in a conjoint project of world ordering. This idea of a unified Amero-Soviet project brings into view the many ways in which the Cold War was continuous with the imperialisms it displaced. Against this unity though, a rich plurality of law and legal forms emerged, and practices of South-South and South-North solidarity were forged which have since been obscured. The book makes visible the patterns drawn by the aftermath of this 'Cold War' legal order and seeks to both recuperate the imaginative resources that were made available at the time, and provide a corrective to contemporary prognostications that the 'rule-based order' may be nearing its end.
In the face of the everchanging and increasingly complex regulatory and socio-technical challenges posed by AI and the Internet of Things, there is an urgent need for closer collaboration between technology designers and lawyers. Accountable Design provides a timely framework for bridging disciplines to design legally accountable technologies. Proposing the new concept of Accountable Design, Lachlan David Urquhart explores how to incorporate legal values into human-centered design processes. Three novel case studies ground discussion by showcasing uses of new technologies in cities, homes, and biometric applications while exploring how to design for privacy, security, trust, and safety. The book synthesizes insights from across technology law, human-computer-interaction, design research, science and technology studies, and philosophy of technology to address the challenges of building better technological design futures for humans and society.