Legal practitioners, linguists, anthropologists, philosophers and others have all explored fundamental challenges presented by language in formulating, interpreting and applying laws. Building on centuries of interaction between legal practice and jurisprudence, the modern field of 'law and language', or 'forensic linguistics', brings insights in linguistics and related fields to bear on topics including legal drafting and translation, statutory interpretation, expert evidence on language use and dynamics of courtroom interaction. This volume presents an interlocking series of research studies engaged with different legal jurisdictions and socio-political contexts as well as with the more abstract notion of 'law'. Together the chapters, written by international leaders in their fields, highlight recent directions in research and investigate in particular how law expresses yet also conceals power relations in its crafted use of words and in the gaps and silence between those words.
Legal practitioners, linguists, anthropologists, philosophers and others have all explored fundamental challenges presented by language in formulating, interpreting and applying laws. Building on centuries of interaction between legal practice and jurisprudence, the modern field of 'law and language', or 'forensic linguistics', brings insights in linguistics and related fields to bear on topics including legal drafting and translation, statutory interpretation, expert evidence on language use and dynamics of courtroom interaction. This volume presents an interlocking series of research studies engaged with different legal jurisdictions and socio-political contexts as well as with the more abstract notion of 'law'. Together the chapters, written by international leaders in their fields, highlight recent directions in research and investigate in particular how law expresses yet also conceals power relations in its crafted use of words and in the gaps and silence between those words.
This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, financ
Desierto is affiliated with the International Court of Justice, teaches international law, and advises Philippine government agencies. She received a highly esteemed prize from Yale Law School for the
Conklin (law, U. of Windsor, Canada) examines whether domestic and international laws focused on the state are binding upon autonomous individuals. He guides readers through structures of legal consci
German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences
This volume studies the concept of a political 'language', of a discourse composed of shared vocabularies, idioms and rhetorical strategies, which has been widely influential on recent work in the history of political thought. The collection brings together a number of essays by a distinguished group of international scholars, on the four dominant languages in use in Europe between the end of the fourteenth and the beginning of the nineteenth century. They are: the language of political Aristotelianism and the natural law; the language of classical republicanism; the language of commerce and the commercial society; and the language of a science of politics. Each author has chosen a single aspect of his or her language, sometimes the work of a single author, in one case the history of a single team, and shown how it determined the shape and development of that language, and the extent to which each language was a response to the challenge of other modes of discourse.
Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.
This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, financ
The law of state responsibility is one of the cornerstones of the modern international legal system, regulating how a state can be held accountable for breaching its obligations under international la
This book deals with the purposes of sentencing in international criminal law focusing on the International Criminal Court. Notwithstanding the modern longevity of international criminal law and the v
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thou
To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thou
Copyright and International Negotiations provides a historical study of the development of Chinese copyright law in terms of China's contemporary political economy and the impact that international copyright law has had. The analysis shows how China's copyright system is intertwined with censorship and international copyright law and how this has affected freedom of expression. China still enforces an old censorship regime that clamps down on free expression despite a modern system of copyright rules which should function as an engine of free expression. The book explores the development and architecture of Chinese copyright law in parallel with international copyright law, clarifies China's nuanced patterns of the control of free expression through copyright law, and identifies a breakthrough for neutralising the impact of China's censorship policies through copyright law.
Seafarers were the first workers to inhabit a truly international labour market, a sector of industry which, throughout the early modern period, drove European economic and imperial expansion, technol
This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, financ
Volume 2 of The Cambridge History of Law in America focuses on the long nineteenth century (1789–1920). It deals with the formation and development of the American state system, the establishment and growth of systematic legal education, the spread of the legal profession, the growing density of legal institutions and their interaction with political and social action and the development of the modern criminal justice system. We also see how law intertwines with religion, how it becomes ingrained in popular culture and how it intersects with the worlds of the American military and of international relations. The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.
The Roman Foundations of the Law of Nations makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial prac
