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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 intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 declarations of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention.
Many believe that the power to start wars is the most important issue of constitutional war powers-and perhaps the most important issue of constitutional law altogether. Yet this fixation on the power to start wars obscures equally important questions. Who has the power to prepare for war, deter it, conduct it, decide its aims, or end it? Although many democracies wrestle with these constitutional questions, the United States stands apart in that no other written constitution has had to function over time across such dramatic transformations in national military power and radical swings in strategy for wielding it. To show the many ways that political leaders have adapted law-in war, in peace, and in the gray zones between-this book weaves together the stories of American constitutional war powers, military history, and grand strategy from the Revolutionary War to possible conflicts of the future. This title is also available as open access on Cambridge Core.
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.
Incidents at Sea in US Diplomacy and International Law chronicles America's maritime struggles from 1798 to 2025, blending riveting historical narratives with in-depth legal analysis. This book chronicles pivotal maritime incidents in US history from 1798 to 2025, exploring US naval and diplomatic efforts to shape the law of the sea. Spanning 14 chapters, the book dissects key conflicts with France, Great Britain, the Barbary States, Germany, Russia, North Korea, North Vietnam, Cambodia, Libya, China and the Houthi forces in Yemen. These disputes highlight themes of freedom of navigation, innocent passage, neutral rights and protection of commerce, high seas freedoms, and gray zone coercion, armed attack and self-defense at sea. The incidents range from historical conflicts over neutral rights to contemporary challenges to freedom of navigation, which is a cornerstone of the US alliance system with NATO and key allies, including Australia, the Philippines, Korea and Japan.
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.
Addressing water insecurity through increased investment in water infrastructure and technologies has become a key priority in several arid and water scarce countries in the Middle East and North Africa (MENA) region. Yet, advancing water security is not solely technological - it also has profound law and policy implications. Given the implication of water security for sanitation, food, energy, land, human rights, peace and conflict prevention in the region, holistic legal and institutional frameworks that advance the sustainable management of water resources across all sectors are essential. This book offers a comprehensive and authoritative account of the guiding principles and rules on water in the MENA region. It introduces readers to the applicable legislation, institutions and rules underpinning the design, approval, financing and application of water infrastructure and technologies across the MENA region. It concludes with reflections and recommendations on legal and regulatory innovations that can help unlock sustainable and rights-based implementation of water law and policy in the MENA region.
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.
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.
Judging Through Narrative explores the normative frames, or judicial narratives, that non-Muslim courts construct when adjudicating Muslim Family Law disputes. The book examines how these narratives shape the rule of law, gender reform, and public trust in the justice system. Drawing on over 400 interviews with judges, lawyers, and litigants, and an analysis of nearly 3,000 judicial decisions from Ghana, India, Israel, and Greece, the book reveals how coherence and fragmentation in judicial storytelling influences legal legitimacy and reform. Introducing the concept of 'narratival (in)cohesion', this work offers a new framework for understanding how courts mediate between religion, rights, and state authority. Bridging law, political science, and socio-legal studies, it is an essential resource for scholars, policymakers, and practitioners seeking to understand how judicial narratives shape the lived experience of law in diverse, multi-religious societies.
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. In particular, it seeks to redescribe and defamiliarise what we might think of as Cold War international law in order to bring out a rich but now obscured plurality of law and legal forms during the period and to make visible the ways in which we live and work in the aftermath of this legal order. This book challenges the dominant myths about the history of the Cold War, arguing that far from being defined only by ideologically rivalry, the US and the Soviet Union were engaged in a conjoint project of world ordering.
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.