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Court of Session Practice Issue 97 Feb
26

Court of Session Practice Issue 97 Feb 26

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the 'Promise of Legality'.

Critical Reflections on the Work of TRS Allan

The Promise of Legality

This book offers an ambitious and novel approach to understanding tort law in a post-national context spanning the context of products' liability and value chain liability. It offers a persuasive and striking new approach to tort liability which argues for a greater liability and accountability of these actors.

European Tort Law and the Society of Networks

Network Responsibility

The lack of a social scientific foundation across the field of negligence means that social life and scientific knowledge are transformed and mutated by a negligence paradigm that is unable to fulfil the social purposes typically attributed to it. Analysing the extent to which the reparation ideal has polluted and confused attempts to find radical alternatives to negligence, this book argues for a critical separation between the issue of harm minimisation and reparation; a separation that, it is argued, provides the basis for a different policy approach to the human experience of injury, error and misfortune.

Developing a Regulatory Ergonomic Approach to Error and Injury

Beyond the Negligence Paradigm

Hannah Arendt's Moral and Legal Philosophy

Powers of Judgment

Lex Amicitia draws a long history of the law of friendship - from Aristotle to Derrida - into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

Trusts and Patrimonies

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America. With less than 5 percent of the world's population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and the war on drugs are obvious and important culprits, but another factor has received little attention: the Supreme Court. Since the 1960s, the Court has repeatedly disregarded constitutional limits on the state's power to lock people away. Justice Abandoned highlights six decisions that made mass incarceration possible. These rulings have been crucial to the rise in pretrial detention and coercive plea bargaining. They have blessed disproportionate sentencing and overcrowded prisons. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights, none of these cases would have been decided as they were. Rachel Barkow offers a roadmap for change, showing that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Justice Abandoned

W. M. Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well known for his distinguished contribution to Roman law, legal history and land law. He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK. This important collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.

Selected Essays

Roman Law, Scots Law and Legal History

Everyone negotiates all the time, within their family, at work, etc., because they need to get things done with others, reach deals and overcome conflicts. But many people, out there, still lack confidence in negotiating and often get frustrated. Negotiation does not work for them, because they may have never been introduced to the best practices and to sound theories, and, even if they have learnt to be more effective by experience or otherwise, they still wonder where negotiating is leading them, what the point of it all is. This is why Responsible Negotiation will help our audience answer two questions: how to negotiate well, but also why? Our broad readership will discover the true joy of negotiating as they acquire or refine methods not only to become more successful, but also to serve good ends. They will gain both the means and the meaning of negotiating. They will get acquainted with simple, still powerful tools to understand their styles, prepare and run meetings, and communicate actively. As they learn to engage people, solve problems and facilitate processes, they will see how they can use these methods and tools not only to better enjoy their negotiations and get good deals, but also to build strong relationships and creative solutions, while they contribute to a shared society. They will not be ashamed of negotiating any more, but they will feel much better about negotiating, much better than ever before. If you truly care about other people, about inclusion, dignity and respect, about social justice, peace and the environment, about deep values and not only economic value, this book is for you. It stands for negotiation that works for you and is good for all.

How to Negotiate Successfully and Why

Responsible Negotiation

The first volume of two, this collection of essays on Scots Law represents a selection of the most cited articles published by Professor John W. Cairns over a distinguished career in Legal History. It is a mark of his international eminence that much of his prolific output has been published outside of the UK, in a wide variety of journals and collections. The consequence is that some of his most valuable writing has appeared in sources which are difficult to locate. This collection covers the foundation and continuity of Scots Law from 16th and 17th century Scotland through the 18th century influence of Dutch Humanism into the 19th century and the further development of the Scots legal system and profession.

Selected Essays on the History of Scots Law, Volume 1

Law, Lawyers, and Humanism

Law and the Unity of Practical Reasoning

Court of Session Practice Issue 97 Feb 26

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