In a series of essays based on surviving documents of actual court practicesfrom Perugia and Bologna, as well as laws, statutes, and theoreticalworks from the 12th and 13th centuries, Massimo Vallerani offers importanthistorical insights into the establishment of a trial-based publicjustice system. Challenging the long-standing evolutionary paradigm ofmedieval legal procedures, Vallerani argues that public justice was notthe triumph of strong inquisitorial procedure over weak accusatory procedure,but rather a process in which the two procedures developed intandem. He demonstrates that inquisition and accusation shared manyfeatures in their intertwining goals of punishment and reconciliation.The grand narrative of the evolution of criminal justice is dismantledin this work, originally published in Italian and widely cited as agroundbreaking study of legal procedure. Vallerani contends that accusatioand inquisitio were formed simultaneously to address differentneeds: to seek and construct different "truths" -- the truth of the factthat occurred outside the courtroom as revealed by the probing of thejudge, and the truth that emerges inside the triadic model of the courtroomas a result of negotiations between the disputing parties underthe guidance of the judge.Vallerani's rich approach to his sources includes statistical analysisof the court records, revealing the functioning of the courts in terms ofthe incidence of torture, the proportions of trials initiated by accusatioand inquisitio, and the percentage of trials suspended at differentstages of litigation. Furthermore, he sets legal procedures within thecontext of a society and political world immersed in violence and conflictand shows how the supplica, or petition for pardon, played a majorrole in the transformation from communal to signorial government inthe early fourteenth century.
This much appreciated work traces the development and absorption of Roman Law into western European systems, the nature and practice of feudalism and customary law, and the growth of the canon law. The focus of the book gravitates naturally towards the heart of Europe, the Italian peninsular, France and Germany, but attention is also paid to the evolution of the Scottish and English systems.
Public Law is concerned with the law governing the institutions of the state and the relationship between the state and the individual, and is a core subject for all students reading for a qualifying law degree. This concise, student-friendly guide will help equip students with an understanding of the key aspects of the UK's political and legal systems as well as building an understanding of the relationship between the different branches of the state such as the executive, legislature and judiciary. Understanding Public Law provides a consideration of the main themes in a logical, progressive manner, highlighting the broader political and social contexts, and focusing on how and why the law has developed as it has. Throughout the text, key terms are identified and explained from the outset, helping students new to the subject familiarize themselves with the vocabulary of public law; chapter outlines and summaries help to focus the reader on the key topics; and a set of self-test questions at the end of each chapter encourage students to consider and reflect on what has been learnt. Understanding Public Law is the ideal introduction to this essential subject.
Law for Social Workers has been the leading textbook in its field since the first edition published twenty years ago. Suitable for students on all social work courses, it offers a clear approach to the law which governs the profession. Written by an author team with a strong background in teaching and practice, this book provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs. The eleventh edition has been restructured to provide greater coherence within parts and cross-referencing. In five distinct parts the authors present key topics covered on all social work law courses. Starting with an analysis of the legal system and the social worker's place in it, the authors then address human rights, the issues of discrimination, privacy of information and issues surrounding consent. Other topics covered include responsibilities to children including safeguarding children and interagency working and responsibilities towards adults including mental health issues. Finally the authors cover issues which affect the service user such as private family disputes, immigration and asylum status, issues relating to money, housing and violence. Each part begins with an introduction to the unifying theme that runs through the following chapters. Individual chapters open with a case study based on a recent case or enquiry, highlighting the vital issues that the chapters will explore. Key learning points are set out early in the chapter, and each chapter contains questions for discussion, further reading, and web links. Online Resource Centre The book is supported by a fully interactive Online Resource Centre featuring: Student Resources: - Video podcasts providing expert advice on court skills for social workers - Updates on recent cases and legislation - Guidance on answering exercises in the book - Glossary - Further Reading - Web links Lecturer Resources: - Test Bank of 200 multiple ch
Government regulation is ubiquitous today in rich and middle-income countries--present in areas that range from workplace conditions to food processing to school curricula--although standard economic theories predict that it should be rather uncommon. In this book, Andrei Shleifer argues that the ubiquity of regulation can be explained not so much by the failure of markets as by the failure of courts to solve contract and tort disputes cheaply, predictably, and impartially. When courts are expensive, unpredictable, and biased, the public will seek alternatives to dispute resolution. The form this alternative has taken throughout the world is regulation. The Failure of Judges and the Rise of Regulators gathers Shleifer's influential writings on regulation and adds to them a substantial introductory essay in which Shleifer critiques the standard theories of economic regulation and proposes "the Enforcement Theory of Regulation," which sees regulation as the more efficient strategy for social control of business. Subsequent chapters present the theoretical and empirical case against the efficiency of courts, make the historical and theoretical case for the comparative efficiency of regulation, and offer two empirical studies suggesting circumstances in which regulation might emerge as an efficient solution to social problems. Shleifer does not offer an unconditional endorsement of regulation and its expansion but rather argues that it is better than its alternatives, particularly litigation.
Slapper and Kelly's The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System presents and analyses changes made to the legal system by the coalition government, and digests recent legislation and case law. The Constitutional Reform and Governance Act 2010, the Crime and Security Act 2010, the Coroners and Justice Act 2009, new European law, and the latest decisions of the Supreme Court are all incorporated into the text, and this edition also digests recent research on the work of juries and the criminal courts, and the 2011 changes to the regulation of, and Government contributions towards, legal services. Key learning features include: a clear and logical structure with short, manageable, well-structured individual chapters; useful chapter summaries which act as a good check point for students; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; an online skills network including how tos, practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly's The English Legal System is a permanent fixture in this ever evolving subject.
Need some help finding your way around the complex English Legal System? Want a reliable source you can learn from, go back to for revision and link to your exams? The English Legal System, 6th edition is here to guide you. It's especially useful for students following OCR or WJEC AS Law because it covers all the necessary topics and highlights links to those specifications. On top of that, the breadth of coverage means that students will be able to push for the best grades with this book. That's also why thousands of students every year find it an ideal introductory text for undergraduate and intermediate law courses. Jacqueline Martin's bestselling book has helped over 100,000 students to enjoy and be successful in studying law. She has used diagrams, charts and activities throughout to clarify difficult concepts and help readers remember the key information for exams. Other key features in this full colour textbook include: Exam advice and tips from an experienced examiner Website providing interactive material and law updates at: .theenglishlegalsystem.co.uk A separately available Dynamic Learning resource for teachers contains additional activities, interactive exercises, PowerPoints, and answers to the examination questions in the book.
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization, and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries - extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke, and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith, and Hegel - it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity, and resilience.
