Handbook Of Law Research Articles

A Twelfth-Century Handbook of Byzantine Canon Law

Abstract This article examines the twelfth-century manuscript BAV Vat. gr. 2198 and its contents in light of new research in the field of Byzantine legal history. This codex is most notable for containing a canon law collection known as the Synthesis of the Nomocanon, attributed to “the monk John, the son of the Sebastokrator.” After first introducing the physical details of the manuscript and its history of ownership, the article then lays out the evidence for the identification of John with Adrian Komnenos, nephew of the emperor Alexios I. It next provides a detailed study of the structure and purpose of the Synthesis of the Nomocanon, arguing that it was an attempt to create a practical handbook of canon law that would allow readers to quickly look up canons on particular themes while also being able to check the historical context in which the canons were issued. Lastly, it also surveys the contents of the manuscript’s extensive appendix and offers some general conclusions about the significance of John’s Synthesis within the broader landscape of Komnenian canon law scholarship.

Books: The Oxford Handbook of Medical Ethics and Law (Oxford Medical Handbooks): Key Ethical Tools.

Books: The Oxford Handbook of Medical Ethics and Law (Oxford Medical Handbooks): Key Ethical Tools.

Disciplinary Deities and How to Please Them

After more than half a century of law and society scholarship, two recent volumes propose to survey and advance the field. Edited by Mariana Valverde, Kamari Clarke, Even Darian-Smith, and Prabha Kotiswaran, The Routledge Handbook of Law and Society (2021) draws on an international list of contributors to refocus law and society scholarship on fresh topics and themes. The Research Handbook on Modern Legal Realism (2021), edited by Shauhin Talesh, Elizabeth Mertz, and Heinz Klug, presents a comprehensive guide to the New Legal Realism (NLR) movement that emerged from law and society around fifteen years ago. This review essay explores how the volumes’ common call for a more prominent and methodologically diversified social science of law also encourages a renewed attention to the internal logics of legal doctrine.

Human Goods and Human Rights Law: Two Modes of Derivation from Natural Law

The category of ‘human rights law’ is sometimes limited to bills and charters of rights on the model of the Universal Declaration of Human Rights and to the case law of courts interpreting and applying these legal measures. This chapter, forthcoming in The Cambridge Handbook of Natural Law and Human Rights (Tom Angier, Iain Benson, and Mark Retter, eds, Cambridge University Press), argues that the measures that realise human rights in the law are the everyday, unremarkable measures that make up the full corpus of legal materials directing what may, must, and must not be done. The argument explores how all sound positive law finds its source in human goods through one of two modes of derivation: deduction or specification. These are the same two modes of positive law’s derivation from natural law, for the reach of human rights law is more or less coextensive with the reach of positive law and the human goods from which are derived human rights law are the same human goods from which are derived natural law’s practical principles and precepts.

ROUTLEDGE HANDBOOK OF ISLAMIC LAW. Edited by Khaled AbouEl Fadl, Ahmad AtifAhmad, Said FaresHassan. Oxon and New York: Routledge, 2019. Pp. 449. Cloth, $157.65, Paper, $52.95. N.p.

ROUTLEDGE HANDBOOK OF ISLAMIC LAW. Edited by Khaled AbouEl Fadl, Ahmad AtifAhmad, Said FaresHassan. Oxon and New York: Routledge, 2019. Pp. 449. Cloth, $157.65, Paper, $52.95. N.p.

Disputed Conceptions of Motherhood

This chapter, which will appear in the Oxford Handbook of Feminism and Law in the U.S. (Deborah Brake, Martha Chamallas & Verna Williams, eds.), examines feminist efforts to disentangle womanhood, biological motherhood, and social motherhood in order to promote equality in the law. It argues that this approach has produced important feminist influence and results in some areas of law but has led to a lack of feminist influence in areas where biological and social motherhood overlap, such as parental rights, reproductive technology, and surrogacy. Just as the law needed a theoretical boost that went beyond gender neutrality to see the gendered harm of sexual harassment at work, it needs a feminist account of pregnancy and birth that recognizes that these biological processes have social, relational dimensions.

Transnational Law: Theories & Applications

This chapter serves as the introduction to the OXFORD HANDBOOK OF TRANSNATIONAL LAW (P. Zumbansen ed., Oxford University Press, 2020, forthcoming). Its subject matter – “transnational law” – remains at the center of lively discussions with results ranging from pronouncing the death to the renewal of law in an era of globalization. With the stakes being that high, the expectations for this field are equally potentially overwhelming. It is unclear and still unsettled what transnational law is. After it was conceptualized and introduced to a wider audience of international lawyers in the 1950s, the jury is still out on whether transnational law is a ‘new’ legal field or whether it is a particular kind of jurisprudence of ‘law and globalization’, or whether it is a socio-legal approach to law’s transformation in and beyond the state in the late 20th and early 21st century, or whether it is merely a synonym for legal pluralism, that is for the acknowledgement of the co-existence of law and (social, cultural, economic, religious and other) norms. Finally, given the rumors of transnational law’s ‘constitutional itch’ in terms of its allegedly questionable democratic legitimacy it is unclear, whether the invocation of transnational law indicates a departure from the nation state or whether, instead, it prompts us to more closely scrutinize the origins of some of transnational law’s ‘unique’ characteristics already in the nation-state, such as the ‘shift from government to governance’, the proliferation of private norm production, the emergence of new actors as norm authors and the increasing resort to ‘soft’ and ‘informal’ law. The chapter surveys and reviews seminal contributions to these discussions but must ultimately fail to account for the wealth and depth which is transnational law today. Instead, the chapter can itself merely highlight some of trajectories of the debates around the facets of transnational law while its author takes comfort in the fact that the contributors to the book which this chapter is introducing lay out the complexity and diversity as well as the very ‘reality’ of law’s transnationalization across numerous legal fields, policy arenas, sites of political debate as well as trends in newly emerging legal pedagogy.

Handbook of Florida Fence and Property Law: Easements and Rights of Way

This information is included in the Handbook of Florida Fence and Property Law, Circular 1242. Re-released as a minor revision for 2010 and of interest to farmers and farmland owners in particular, this handbook is designed to inform property owners of their rights and responsibilities in terms of their duty to fence. Discussed areas include a property owner’s responsibility to fence when livestock is kept on the property, the rights of adjoining landowners to fence, the placement of fences, encroachments, boundary lines, easements, contracts, nuisances, and a landowner’s responsibilities towards persons who enter his property. Published August 2010. FE108/FE108: Handbook of Florida Fence and Property Law: Easements and Rights of Way (ufl.edu)

Early modern women in the English courts of law

AbstractThe recent publication of The Oxford handbook of English law and literature, 1500–1700 (2017) has put the field of early modern law and literature firmly on the map. Despite the growing attention to the importance of these intersecting fields in early modern England, however, working with legal records is still a daunting task for many literary scholars. The early modern legal system with its various, sometimes competing jurisdictions and numerous law courts presents, to many scholars, a difficulty to navigate maze. Particularly for those working on early modern women's literature, and women's studies more generally, this is unfortunate: The legal archives offer a wealth of records in manuscript form pertaining to the lives and narratives of early modern women from all ranks of society, including the poor and the illiterate. This article aims to offer a comprehensive overview of the early modern law courts and their records, outlining the way the law restrained women as well as the possibilities it offered them, alongside the ways women were able to navigate these restrictions and opportunities. In doing so, this article provides tools for scholars working with early modern legal records for the first time.

Our Cows and Whales

Our Cows and Whales

Book review of "Handbook of Canadian Higher Education Law"

Book review of "Handbook of Canadian Higher Education Law"

Book review of "Handbook of Canadian Higher Education Law"

Book review of "Handbook of Canadian Higher Education Law"

Евгений Владимирович Васьковский и его „Учебник гражданского права”. К 150-летию со дня рождения автора и 120-летию выхода „Учебника”

Evgeniy Vaskovsky always enjoyed well-deserved reputation, in the first place as a specialist in the civil process. His fame as a material civil lawyer and, in particular, as a civil lawyer-educator, somewhat less; even in Russia, the star of his civil-name is eclipsing by other many civil stars, more bright and flashy. The article attempts to at least partially fix this obvious injustice – tell about “The Handbook of Civil Law” by Evgeniy Vaskovsky. Unfortunately, the Handbook was left unfinished: it was limited to only two parties – the General Provisions and the Rights in Rem. Despite this fact, as well as those one hundred thirty years that have passed since its publication, “The Handbook of Civil Law” by Evgeniy Vaskovsky continues to be more than relevant, useful and even instructive piece not only academic, but also scientific as well as practical destination.

Comparative Labour Law

In 2006, Matthias Reimann and Reinhard Zimmermann edited the OXFORD HANDBOOK OF COMPARATIVE LAW, a comprehensive work of 42 chapters treating the development of comparative law, approaches to comparative law, and subject areas of comparative law. One of the latter, by this author, treated comparative labor law. A decade later the work has been revised and updated. This chapter discusses the taxonomy of the subject, the role of comparativism in national law, and the role of comparativism in the contemporary debate on the future of labor law. It dwells briefly on the future of comparative labor law itself.

Corporate Entities: Their Ownership, Control, and Purpose

This Chapter in the forthcoming Oxford Handbook of Law and Economics provides an introduction to the law and economics of the corporate form. It first distinguishes “the corporation” from “the firm.” It then describes and discusses the characteristics of the corporate form, including legal personality, limited liability, delegated management, transferable equity, and perpetual life. It then reviews the dominant theories of the corporation, including the entity theory, the aggregate theory, the property (principal/agent) theory, the nexus of contracts theory, the team production theory, and the franchise government/concession theory. It concludes by discussing various theories of corporate purpose, including the state interest, managerialist, customer service, shareholder value/primacy, stakeholder welfare, team production, and long-term production approaches to understanding the purpose of corporations.

The Face of the Good Death: Euthanasia and Levinas

SOMETHING IS AMISSThe philosopher and medical ethicist Margaret P. Battin has published, adopting the term used in a well-known New York Times Magazine article about her life and work, 'wheelbarrows full' of book and articles championing the cause of euthanasia and physician-assisted suicide since entering the debate in the early 1980s.1 It might be somewhat surprising, then, that she began her article on the topic for the 2003 Oxford Handbook of Practical Ethics with the statement: 'Something is amiss with the debate over euthanasia and physician-assisted suicide'.2What makes this claim stand out is that those who support the legalisation of euthanasia, simply using this word from now on, tend to sound quite satisfied with a debate that they seem convinced they are winning or have effectively already won. Organisations in the UK such as the Campaign for Dignity in Dying champion statistics such as 82 per cent of the British population supporting a change in the law on assisted dying for terminally ill adults, rising to 86 per cent among the disabled and only falling to 79 per cent among those who identify as religious.3 The former chairwoman of that of that group, Margaret Branthwaite, expressed a common sentiment among campaigners when she stated that 'it's only a matter of time before it's legalised'.4 While rival organisations such as Care Not Killing marshal rather different statistics and the UK parliament recently rejected a proposed 'right to die' in England and Wales by a significant enough majority that the issue is unlikely to return for some time, the tone of campaigning in the legalisation movement remains that the march of history is on their side and inexorable. If it is only a matter of time, what, then, is amiss?According to Battin, the primary problem with the ongoing debate relates to established patterns of discourse in which the issue is posed in for-andagainst terms. While adversarial debate is vital for social and ethical issues that are 'just breaking open' - a situation where for-and-against analysis isolates, identifies, catalogues and critiques relevant elements - 'once a debate begins to mature, it becomes time to pursue attempts at resolution'.5 Rather than an interminable back and forth over already well-churned ground that promises at best to unearth only an occasional new subtlety, the call for the debate to move from infancy to maturity is a push for not only theoretical but practical consensus. The obvious obstruction to such a development is that the euthanasia debate barely merits its definite article, being highly stratified between a public debate where the strong majority support change and specialised debates in legal, political and medical circles where such consensus is lacking. For example, while the British Medical Association shifted its position on assisted dying to neutrality in 2005, it returned to opposition in 2006 and since then the proposal for adopting a neutral stance has been put to the vote and rejected a further five times.In such a situation, it is not uncommon to hear philosophers promoting their own block of the debate as the keystone around which harmony might be established. As Thomas Nagel wrote in his review of L.W. Sumner's Assisted Death: A Study in Ethics and Law, such a book:provides a superb example of the relevance of philosophy of public policy. The reason is that public policy governing treatment at the end of life is to a great extent shaped by philosophical confusions. It may not be too much to hope that a book such as this will help to rectify the situation.6Indeed, such a hope does not seem entirely unrealistic when sources ranging from the public-facing website NHS Choices to Medical Ethics Today: The BMA's Handbook of Ethics and Law do indeed engage with the issues and a vocabulary that was developed in the adversarial debates of philosophers. However, without giving too much credence to traditional divisions between analytic and continental philosophy, it is notable that both public and specialised discussions engage with a relatively limited spectrum of thought in terms of its provenance, style and range of references. …

Medical Ethics Today. The BMA’s Handbook of Ethics and Law

Medical Ethics Today. The BMA’s Handbook of Ethics and Law

State-of-the-art in language analysis: a response to the chapter on LADO in the Oxford Handbook of Language and Law

Response to Peter L. Patrick (2012) Language Analysis for Determination of Origin: objective evidence for refugee status determination. In P. Tiersma and L. Solan (eds.) The Oxford Handbook of Language and Law. Oxford University Press, 533--546.

Book Review: Routledge Handbook of Media Law, edited by Monroe Price, Stefaan Verhulst, and Libby Morgan

Routledge Handbook of Law. Monroe Price, Stefaan Verhulst, and Libby Morgan, eds. London: Routledge, 2013. 600 pp. $225 hbk.The editors of the Routledge Handbook of Law have sold themselves short by marketing their work as a mere handbook. More compendium than synopsis, the work offers thirty treatises and research papers on global media law and policy from a comparative and socio-legal perspective. Although it lacks chapters devoted intermediary online liability and copyright law, it is, nevertheless, a superb wide-ranging scholarly survey. One is hard pressed find a work covering transnational media law and policy research and controversies with comparable depth and breadth, which should not come as a surprise considering its editors' credentials.In 1996, Monroe E. Price and Stefaan Verhulst co-founded the Programme in Law & Policy at the Centre for Socio-Legal Studies at the University of Oxford. Price, the Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, and Society at the Cardozo School of Law, also serves as director of the University of Pennsylvania Annenberg School for Communication's Center for Global Communication Studies (CGCS).Verhulst, now co-founder and Chief Research and Development Officer of the Governance Laboratory at New York University, previously served as consultant various international and national organizations, including the Council of Europe, European Commission, UNESCO, and World Bank. He was also a founder and an editor of the International Journal of Communications Law and and the Communications Law in Transition Newsletter.Libby Morgan, associate director of the CGCS from 2009 2012, co-edited Measures of Press Freedom and Contributions Development: Evaluating the Evaluators (2011) with Price and Susan Abbott.In their 2008 journal article, Comparative Law Research and its Impact on Policy, Price and Verhulst argued that Only with a comparative and interdisciplinary grasp of the massive changes taking place can there be a more sophisticated and nuanced understanding of the impact of media changes on democratic values and economic development throughout the world. The handbook, divided into five sections, reflects that supposition, as the editor's note in the book's introduction. Most chapters include a survey of leading case and regulatory law from the last twelve years or so ending in 2012.The aim of section I, Media Policy and Institutional Design, the editors explain, is to provide a better understanding of the institutional forces, actors, or networks that generate media rules, norms, and standards, and that perpetuate them or foster change. To that end, Lesley Hitchens, a law professor at the University of Technology in Sydney, Australia, discusses the differences in the U. …

The Economics of Public International Law

This paper is a preliminary draft for eventual inclusion in the Handbook of Law and Economics, A. Mitchell Polinsky & Steven Shavell editors. It reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent years have seen a significant increase in research on other topics as well. The paper begins with a general framework for thinking about the positive and normative economics of public international law, and then proceeds to a treatment of specific topics including customary law, strategic alliances and the laws of war, international trade, international investment, international antitrust, human rights law, conflicts of law, and the international commons (fisheries).