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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.
How is the authority of law challenged by digital technologies? Is the digitisation of law an appropriate means to achieve legal impartiality? This book provides an interdisciplinary approach to understanding the impact of the ongoing digital transformation of legal systems. Digital law differs from traditional law in that it relies on decision-support software and networked databases. Such mechanisms must be understood not only in technical terms but also in their social and historical dimensions: the computational foundations of digital law should be situated within the long history of the mechanisation of writing. Digitalisation constitutes a graphic revolution which, in the legal domain, transforms the very conditions of impartiality. Whereas the legality of traditional legal systems is grounded in territorial sovereignty, digital law is no longer anchored in a sovereign territory. It not only increasingly transcends established borders, but also dispenses with the spatial embeddedness that has underpinned legal authority. Digital legality must therefore be reconceptualised to consider how automated systems may be integrated into the social space within which law operates.
In today's interconnected world, international crimes and serious human rights violations are rarely committed without the crucial support of secondary actors – be they individuals, corporations, or States. This is the first book to analyze how these secondary actors may be held legally responsible for contributing to such crimes. Drawing on a six-year international research collaboration, it brings together the work of 44 legal scholars to examine and compare diverse approaches to secondary liability across criminal law, civil law, human rights law, and State responsibility. Real-world examples – such as arms trading and financial support – illuminate the complex realities of complicity. The book stands out for its clear identification of legal concepts, its rigorous evaluation and comparison of existing laws against human rights and theoretical underpinnings, and its recommendations to recalibrate the law of secondary liability to bolster legal certainty and for the protection of human rights. This title is also available as open access on Cambridge Core.
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.
Since the release of ChatGPT in late 2022, computers have demonstrated fluent interaction with humans through language. For linguists and lawyers, whose work is primarily language-based, the impact is poised to be significant. This Element explores the science and technology underlying LLMs, showing how their successes validate linguistic theories and can help linguistics evolve, with a focus on forensic and legal applications. By walking through the concepts behind current LLMs and connecting them to linguistic principles, it demonstrates how LLMs can assist the forensic and legal linguist through two toy experiments - one in rule construction and one in authorship attribution - with interesting results. It concludes that, while LLMs warrant caution regarding their pitfalls, they can help forensic and legal linguistics achieve greater rigor and success, provided the community develops appropriate constraints and protocols for their use.
The internet once promised to strengthen our associational life. Instead, A Bounded Web shows that digital technology has replaced bounded institutions, where members gather to make decisions together, with porous social networks that platforms administer behind the scenes. In response, scholars and policymakers tend to reduce the pathologies of digital life to technical challenges that demand technocratic solutions. Against this trend, this book offers a new approach to technology policy that emphasizes the need to rebuild diverse and robust associations both online and offline. It defends efforts to build technological boundaries – like smartphone bans in schools – that empower cultural, educational, political, and social organizations to set their own terms for how we gather and communicate. It also calls for legal reform to enable the creation of 'middleware' and even entertains the pursuit of local 'digital Sabbath' policies to reshape our collective management of technology. Rigorously argued, A Bounded Web asks us to recognize what we've lost and imagine what we might build in its place.
Parker and Evans's Inside Lawyers' Ethics provides a clear and engaging entry point into the study of ethical lawyering, equipping readers with the skills needed to identify and resolve ethical challenges throughout their legal careers. Now in its fifth edition, Parker and Evans's Inside Lawyers' Ethics analyses the law of lawyering and professional frameworks and practises through four theoretical lenses – adversarial advocacy, responsible lawyering, moral activism and ethics of care. A new chapter on professional competence and care discusses the lawyer-client relationship and the legal and ethical duties that flow from this relationship. Coverage of modern challenges such as technological competence, uses and challenges of generative AI, and climate change has been strengthened throughout the text. The book updates the applicable law and conduct rules, including extracting key rules from the Australian Solicitors' Conduct Rules and Barristers Rules, and providing new cases that set out required standards of professional conduct.
We are living through an era of unprecedented data-driven regulatory transformation. AI and algorithmic governance are rapidly altering how global problems are known and governed, and reconfiguring how people, places, and things are drawn into legal relation across diverse areas - from labour, media and communications, and global mobilities to environmental governance, security, and war. These changes are fostering new forms of power, inequality, and violence, and posing urgent conceptual and methodological challenges for law and technology research. Global Governance by Data: Infrastructures of Algorithmic Rule brings together leading interdisciplinary scholars working at the forefront of creative thinking and research practice in this area. The book offers fresh takes on the prospects for working collectively to critique and renew those legal and technological infrastructures that order, divide, empower and immiserate across our data-driven world. This title is also available as open access on Cambridge Core.
Learning Law equips students with the foundational knowledge and skills to succeed in their law studies. It breaks down the Australian court system and Parliament, and guides students through nuanced concepts including being an ethical lawyer, equality in the law, and what to expect when becoming a legal practitioner. Dedicated chapters explore the complexities of Australia's legal history and Indigenous peoples and the law, providing students with vital context for understanding the contemporary Australian legal landscape. Learning Law has been significantly revised. It includes new chapters focused on developing legal skills including reading cases, writing persuasive essays and other assessments. Chapters on statute law and statutory interpretation have been expanded, giving students clearer guidance in a challenging area of legal study. Review questions reinforce learning, and extension questions encourage students to build their problem-solving skills. Contributions by in-practice legal professionals exemplify the varied careers a law degree can prepare students for.
The modern world has moved beyond the Information Age and entered a new era of industry, automation, and 'intelligence.' How might the law preserve human value in the wake of rapid societal transformation? Is the field even equipped to do so? Humans in Exile offers a unique, interdisciplinary approach to addressing the societal stress and existential threats caused by these rapid developments, bringing the reader to the essential point of what it is to be human. The book reveals the historical and theoretical ties between science, technology, and government and demonstrates how scientism and technological determinism have steered legal decision-making in the wrong direction. The book concludes by providing an array of examples of law in action to address cutting edge challenges, such as surveillance, AI, and toxic waste. Humans in Exile posits that privacy is not dead and humans remain valued and resilient under the law.
Imagining Transitional Justice contends that reflective narratives encompass conceptualisations of the processes of (re)building lives and societies after war and genocide. It shows how narratives produced slowly in and through the arts and law construct meaning and operationalise the notions of truth, justice, healing and reconciliation in the wake of the 1994 genocide against the Tutsi in Rwanda and Yugoslav Wars. In doing so, this book contributes to the ongoing task of theorising transitional justice and establishing shared meanings of the core concepts of the field. The book analyses stories and encounters that imagine different futures through methods of 'law and literature'. Four case studies bring together creative narratives, such as a novel or film, and legal cases from the ICTY and ICTR. The book locates legal and creative narratives as part of knowledge production, reflecting on their critical potential in transitional justice.
The Cambridge Handbook of Competition Law and Antitrust Theory reimagines competition law for an era of global, digital, and societal transformation. Authored by leading scholars across disciplines, this landmark volume explores the intersections of efficiency, fairness, freedom, innovation, and democracy in competition law and market regulation. Moving beyond doctrine, it presents competition law as a dynamic framework that both shapes and reflects broader social values. Blending theoretical rigor with policy insight, it addresses critical issues including digital platforms, innovation, sustainability, and economic power. Designed for students, academics, practitioners, and policymakers alike, this Handbook provides an engaging interdisciplinary roadmap for understanding and rethinking competition law in the twenty-first century.
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.
This Element introduces the study of Deep Time Heritage as a new field of critical global research. It applies a critical heritage perspective to the archaeology of the Pliocene, Pleistocene and earlier Holocene as it engages with data and interpretations on so-called hunting/gathering/fishing societies. Using a range of case studies, debates and key topics, the Element explores different processes, negotiations, and contestations through which these forms of archaeological and palaeoanthropological research are transformed into contemporary heritage. It argues that this past is 'keystone heritage' and disproportionally shapes conversations on both present and future. It thus advocates for greater critical reflexivity in the study of humanity's deep past and its construction in the present and – in this context – a greater awareness of the importance of the intersection between archaeological knowledge production and public and political discourses.
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.
Family law is a dynamic area of legal regulation that touches on every aspect of human association. This comprehensive, contemporary textbook offers a detailed account of the relevant statutory provisions and case law principles, coupled with a thought-provoking critique of the key debates, controversies and complexities of modern family law. Chapter summaries and introductions, detailed footnotes, and further reading sections make the subject accessible to students and deepen their understanding. The critical approach of each chapter allows students not only to comprehend, but also to question and challenge, the existing legal framework. With its clear and logical structure, wide-ranging coverage, and insights into both the theory and the practice of family law, this is the ideal textbook for all students of the subject.
This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition. Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.
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 book explores Russia's 100-year history of institutional experiments with legal forms, incentives, and organizational structures in search of an optimal system of knowledge production and diffusion. How was the Soviet Union able to industrialize in the absence of intellectual property, while Russia fails to re-industrialize despite adopting strong intellectual property rights that are presumed to be better suited to promoting innovation? What happened to Russia after it introduced the globalized rules of intellectual property? Informed by interviews with key players in the Russian innovation system and case studies in biopharmaceutical and information technology industries, the book exposes the informal side of the institution of intellectual property in Russia. The study reveals that the Russian case is not simply a story of institutional decline; it is also a story of how a new informal system is evolving in which new networks are steering Russia's approach to innovation.
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.