To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In colonial India and Mandatory Palestine, early-twentieth-century legal scholars made important contributions to the study of the nature of law, particularly by analyzing Hindu and Jewish law – their ancient religious systems. This book reconstructs the lives and ideas of these scholars, revealing a forgotten global wave of jurisprudential innovation that appeared across many territories in the non-Western world. The book challenges the view that non-Western legal scholars working in the colonies were passive recipients of Western ideas. It argues that Indian and Jewish thinkers used Western historical and sociological approaches to law to reimagine Hindu and Jewish law, and to assert their relevance to modern legal and constitutional debates. Though historical in scope, the story this book tells is also relevant to contemporary tensions between Western liberal law and non-Western religious legal traditions. This title is available as open access on Cambridge Core.
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.
Why are some deeply divided societies able to craft stable constitutional regimes while others have failed and continue to be mired in endless communal conflict? This puzzle constitutes the central question this book seeks to address. This book is directed at scholars who wish to understand the riddles of constitutional performance in deeply divided societies, and those who are interested in understanding Afghanistan's troubled constitutional history. By providing the most comprehensive account of the drafting and performance of Afghanistan's 2004 constitution, the book is aimed at scholars who want to understand the nuances of the process that produced the Constitution and evaluate its performance with fresh eyes. The world is full of divided, post-conflict societies which continue to witness tragic violent conflicts. This book is thus a valuable resource for policy makers who are currently grappling with how to approach thorny problems of constitutional design and nation-building in these societies.
What is the rule of law for? What does that take? Why does it matter? There is little clarity and less agreement about any of these questions. That is partly because they are hard, but it is also because we generally do not think especially well about them. Yet they are rarely more important than today, and there are better ways to think. In this seminal book, Martin Krygier combines an account of conventional assumptions, a fundamental critique of them, and an alternative way of thinking about the purpose, the value, and the significance of the rule of law, in light of the goal it should serve: tempering power. In this time of widespread intemperate abuse of power throughout the world, these concerns are not merely analytical, academic, or even legal. They are social, political, and moral, and everyone's business. And the stakes are high.
The demise of the 'racial reckoning' that followed George Floyd's death in 2020 occurred without definition, scrutiny or attempts to revive it. In this compelling new book, David Dante Troutt explores the 'what,' 'so what' and 'now what' of this period when much of the US sidelined the pandemic to confront racial inequality. It details how a rare focus on embedded racism shifted toward awareness, leaving deep disparities in wealth, health and policing unaddressed, and how this was overpowered by an enduring conservative backlash. Troutt unpacks how legal doctrine favored colorblindness over inequality, and examines government policies that created segregated zones of racial bargaining in health and wealth. The book also exposes deterrence-proof policing rules and explains the problems and promises of DEI. Reckoning the Racial Reckoning argues that democratic struggles over local resources are essential for creating justice and well-being for Black American communities, and ultimately for all Americans.
Empirical Animal Law challenges long-held assumptions about what animal law reforms help or harm animals. Drawing on original empirical studies and a broad interdisciplinary body of research, the book tests whether familiar tools of advocacy such as incremental reforms, criminal prosecutions, litigation, and protest really reduce animal suffering. Moving beyond moral intuition and ideology the book reveals how people perceive animal harm, which messages and messengers persuade, and when well-intentioned strategies may backfire. With chapters on factory farming reforms, criminal punishment, litigation strategy, protest backlash, and moral framing, Empirical Animal Law offers the first comprehensive, data-driven account of how animal law operates in practice and calls for a new empirically informed movement.
This book examines how European Union (EU) law regulates unhealthy lifestyles, focusing on the consumption of tobacco, alcoholic beverages and foods of poor nutritional quality. The first part of the book clarifies the EU's competences in this field and the content of its policy. It also outlines the main regulatory tools adopted in relation to each of the risk factors covered, such as product bans, labelling requirements or advertising restrictions. The second part of the book explores the fundamental tension between the commodification of these lifestyles and the pursuit of health policy objectives. It addresses two central questions: How does EU law reconcile the goal of creating a market for unhealthy products with that of reducing or eliminating their consumption? And how does EU law balance market uniformity with the diversity and scientific uncertainty inherent in lifestyle practices?
How can we build and govern trustworthy AI? Operationalizing Responsible AI brings together leading scholars and practitioners to address this urgent question. Each chapter explores a key dimension of responsibility - fairness, explainability, psychological safety, accountability, consent, transparency, auditability, and contextualization – defining what it means, why it matters, and how it can be achieved in practice. Through interdisciplinary perspectives and real-world examples, the book bridges ethical principles, legal frameworks such as the EU AI Act, and technical approaches including explainable AI and audit methodologies. Written for researchers, policymakers, and professionals, the book offers both conceptual clarity and practical guidance for advancing Responsible AI that is fair, transparent, and aligned with human values.
Surrogacy is a rapidly evolving global phenomenon that raises profound legal, ethical, and social questions. This book offers a pioneering Rights-Based Pyramid Approach, balancing adults' rights through liberty, equality, and vulnerability, to secure the best interests of children at the centre. Drawing on extensive empirical research in Sri Lanka, alongside comparative analysis of India and the UK, it provides a uniquely context-sensitive perspective on how surrogacy laws can and should respond to real-world challenges. A distinctive feature of this book is its examination of how one country's laws impact surrogacy both within and beyond national borders, shaping practices, markets, and policy responses across regions. Written in clear, accessible language, the book bridges academic and practical debates, making it essential reading for students, researchers, and professionals in law, bioethics, gender studies, social policy, sociology, psychology, and public health, as well as policymakers and practitioners seeking a comprehensive yet practical guide.
Prevention of an erosion of the rule of law is of utmost importance for democracy, because once autocratization begins, only one in five democracies manage to avert breakdown. This book offers a means of protecting the rule of law and counteracting its misuse for illiberal purpose. It analyses inherent anomalies that occur in so-called consolidated democracies, and the responses where the rule of law is seriously undermined. Only by identifying legal imperfections and addressing them, can crises of liberal democracies be avoided. András Sajó provides new theoretical and practical perspectives on legal positivism and legal interpretation. Making the rule of law more robust and its restoration successful requires an innovative, more militant approach to the rule of law. This book proves that unorthodox legal solutions can satisfy rule of law expectations. Otherwise, legality becomes a suicide pact for democracy. This title is also available as open access on Cambridge Core.
The Path to Enlightened Investor Stewardship begins from a transformative premise: that institutional investors, as custodians of capital, bear enduring responsibilities not only to their proximate clients and beneficiaries, but also to end-investors and to the financial, social, and ecological systems in which they operate. Yet stewardship remains a contested and fragmented field of norms, practices, and expectations. Focusing on the UK as a paradigmatic site, this book traces the historical, conceptual, and regulatory evolution of stewardship from its shareholder-centric roots to an expansive, system-aware model. Drawing on original analysis of stewardship disclosures and activist interventions, and informed by interdisciplinary insights, it develops a typology of investor stewardship-multi-level, multi-actor, multi-asset, multi-mean, and multi-aim. At its heart is the model of enlightened investor stewardship: a relational and purposive practice that charts a path from fragmented duties to coherent accountability, and from procedural compliance to transformative responsibility.
This book reveals how Congress quietly shaped American elections across more than a century of constitutional development. Far from a passive observer, Congress used its authority to influence key controversies – from the expansion of slavery in new territories to the reconstruction of the post-Civil War electorate. Congress exercised power under the Elections Clause, the Guarantee Clause, and later, the Fourteenth and Fifteenth Amendments, to combat voter suppression, reimagine representation, and determine who could (and could not) participate in American democracy. Even as Jim Crow laws disenfranchised millions, Congress continued to review and sometimes overturn the elections of its own members, refusing to cede complete control to the states. In doing so, Congress routinely subordinated federalism to politics. In Congress We Trust? provides a new perspective on who truly governs our system of elections by showing that federal authority has been broad, lasting, and decisive.
The Real Pain of Punishment explores the true pains of incarceration using insights from empirical sciences and people with lived prison experiences. The book highlights the concept of 'belonging' as an unprecedented lens for critically interrogating the legitimacy of incarceration across penal theory, sentencing practice, and human rights frameworks. The chapters chart pathways for bridging the gap between the normative idea of punishment and the stark realities of prison life. The final chapter, written with scholars currently and formerly incarcerated in a New York State facility, reflects on how embracing belonging within penal approaches can inform responses to harm grounded in humanization, proximity, empowerment, and collaboration. With this chapter and more, the book, advances a call for deeper epistemic dialogue within legal discourse on crime, punishment, and justice. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details.
The Supreme Court's composition tends to remain stable over time, yet its docket and rulings change, affecting our understanding of the Court's broader political ramifications. In Majority Opinions, Stephen Jessee, Neil Malhotra and Maya Sen examine how the Supreme Court's alignment with public opinion shifts dramatically, shaping its legitimacy, approval, and vulnerability to reform. Introducing an empirical method and framework that systematically compares Americans' preferences on case outcomes with the Court's actual rulings, the authors uncover yawning gaps and unexpected alignments across issues and terms. They show how changes in court composition-Amy Coney Barrett replacing Ruth Bader Ginsburg, for example-can shift the Court's trajectory rightward, while docket choices can move rulings closer to public sentiment after unpopular rulings. Examining how the Supreme Court navigates a polarized political environment, the authors reveal how its choices have profoundly affect influence, legitimacy, and national policy.
How has it happened that the term kânûn has been adopted by different political and legal regimes – Muslim empires, Muslim monarchies, colonial states, secular and Islamic republics – to refer to their respective 'state laws'? This study explores the lengthy and complex history of kânûn from the fifteenth through the eighteenth centuries. The transformations of the concept enabled its broad circulation and malleable applications in significantly different political and legal contexts across time. Guy Burak examines how the Ottoman dynasty and its administrative, intellectual, and judicial elites experimented with the concept of kânûn, alongside Ottoman subjects and foreigners. Written in accessible language, the study covers a wide range of material from Turkish, Arabic, and Persian sources. By focusing on specific moments along the genealogy of kânûn, Burak draws attention to aspects of this concept that have shaped its post-Ottoman history. This is a Flip it Open title and may be available open access on Cambridge Core.
This Element explores the analysis of deception in written texts from a forensic linguistic perspective. It provides an overview of the evolution of deception research and philosophy, from its earliest conceptualisation as a sin against God, to cue leakage theories and pseudoscientific beliefs built on medieval concepts of deceptive behaviour, to current psychology and linguistic based approaches to identifying lying. This requires an appreciation of where linguistic analysis fits into the eight decades plus of deception research, which is addressed here: the relationships between deceptive intention and communication; between emotional states and the linguistic features claimed to represent them; and between language and linguistic analysis. This Element is written for the non-linguist professional, especially those engaged in investigative and inquisitorial contexts, to provide them with some knowledge to assess the strengths and limitations of approaches to analysing lying and deception as produced in written texts.
What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.
Millions of individuals worldwide struggle to understand and assert their legal rights without legal representation. Equalizing Justice examines how AI and other technologies can address this access to justice crisis by providing unrepresented litigants with knowledge and skills traditionally available only through lawyers. This volume takes a needs-first approach, identifying tasks that unrepresented litigants must complete and mapping specific technologies to each task, such as generative AI, computational logic, and document automation. The book highlights real-world applications, demonstrating proven impact, and presents case studies and interviews to explore both the potential positive outcomes and potential challenges of AI for access to justice. Equalizing Justice proves that AI technologies offer unprecedented opportunities to create equitable justice systems serving everyone, not just those who can afford representation, and that legal AI assistants should be treated as a public good accessible to all. In honor of Karl Branting, 100% of the royalties from this book will be donated to a nonprofit organization that uses artificial intelligence to expand access to justice.
This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role to mitigate the problems arising from hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes an adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests non-adjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.