The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.

Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.

The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

This book presents an answer to the question of why modern legal institutions and the idea of citizenship are important for leading a free life. The majority of views in political and legal philosophy regard the law merely as a useful instrument, employed to render our lives more secure and to enable us to engage in cooperate activities more efficiently. The view developed here defends a non-instrumentalist alternative of why the law matters. It identifies the law as a constitutive feature of our identities as citizens of modern states. The constitutivist argument rests on the (Kantian) assumption that a person’s practical identity (its normative self-conception as an agent) is the result of its actions. The law co-constitutes these identities because it maintains the external conditions that are necessary for the actions performed under its authority. Modern legal institutions provide these external prerequisites for achieving a high degree of individual self-constitution and freedom. Only public principles can establish our status as individuals who pursue their life plans and actions as a matter of right and not because others contingently happen to let us do so. The book thereby provides resources for a reply to anarchist challenges to the necessity of legal ordering.

In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.

This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.

1. Magbook series deals with the preliminary examinations for civil series. 2. It?s a 2 in 1 series offers advantages of both Magazine and book. 3. The entire syllabus of Indian Polity and Governance divided into 25 chapters. 4. Focuses on the Topics and Trends of question asked in Previous Years? Questions. 5. Offers Chapterwise Practice and well detailed explanations the previous Years? questions. 6. More than 3000 MCQs for the revision of the topics. 7. 5 Practice sets and 2 Previous Years solved Papers sets for thorough practice. 8. The book uses easy language for quick understanding. Preparing for the examinations like UPSC, State PCS or any other civil Services papers students need to have a comprehensive, complete and concrete knowledge about their subjects from the point of view exam. Arihant MAGBOOK Series is a must for Civil Services (Pre) Examination State PCS & Other Comprehensive Examinations. It?s a 2 in 1 series that provides all the study material in concise and brief manner offering unique advantage of both Magazines and Books. It comprehensively covers the syllabus of General Studies portion of the UPSC and State PCS Preliminary Examination. The current edition of ?Magbook Indian Polity and Governance? covers every topic of Politics and Governance. The whole syllabus has been divided into 25 chapters in this book. It focuses on the Topics and Trends of questions which are asked in previous Years? Civil Services Examinations, further it provides Chapterwise practice of the questions that build self confidence and Skill Adaption in the candidates and lastly it offers detailed explanations of Previous Years? Civil Services examination in a easy language for quick understanding. Apart from Topical coverage and Previous Years? Question, this book also focuses on practice by providing with more than 3000 MCQs and 5 Practice Sets that help students to know latest pattern of the paper as well as its difficulty level. This book is a must for the civil services aspirants as it help them to move a step ahead towards their aim. TABLE OF CONTENT Constitutional Development, Salient Features of Indian Constitution, The Preamble, The Union and Its Territory, Citizenship, Fundamental Rights, Directive Principles of State Policy, Union Executive, Parliament, The Judiciary, State Government, Centre State Relations, Elections, Politician Parties and Pressure Groups, Public Service Commissions, Official Languages, Emergency Provinces, Schedule and Tribal Areas, Local Government, Constitutional, Statutory Institutions, Governance, Public Policy in India, Rights Issues in India, Amendment of the Constitution, Constitutional Provisions Regarding UTs, States and Special Status and Tribunal, Glossary, Practice Sets (1-5), Previous Years? Solved Papers Set 1, Previous Years? Solved Papers Set 2.