If he loses this court case, the consequence is death…Ever since his father’s wrongful incarceration, defense lawyer Daniel Pike has defended the innocent at any cost. But he’s stunned when his archrival DA is found shot dead and brutally crucified. And after Pike himself lands in jail for the crime, he smells a terrifying setup.Fearing he’ll suffer the same fate as his parent, the determined attorney uncovers evidence that the DA was involved with a sinister sex-trafficking ring. But with the prosecution presenting an ironclad case against him, it’s clear someone wants Pike out of the way. And if they can’t get him with a lethal injection, they may resort to bullets…Can Pike get to the truth before he’s condemned to die behind bars?Twisted Justice is the tense fourth novel in the Daniel Pike Legal Thrillers series. If you like dark conspiracies, heart-stopping suspense, and courtroom battles against the odds, then you’ll love William Bernhardt’s breathtaking tale.Buy Twisted Justice to escape death row today! Read more

Read Four of #1 Bestselling Author Paul Levine's Greatest Legal ThrillersSOLOMON vs. LORD introduced Steve Solomon and Victoria Lord, squabbling lawyers who could end up in court, in jail...or in bed. The novel was nominated for the James Thurber Humor Prize and the Macavity Mystery Award."One of the best legal thrillers of the 21st Century." - Best ThrillersTHE DEEP BLUE ALIBI, second of the series, takes Solomon and Lord deep into a murder case in the Florida Keys and was nominated for an Edgar Allan Poe Award."Mix Grisham's legal expertise with Hiaasen's humor and Lee Child's action, and you've got Levine's sizzling ALIBI." - Fresh FictionTO SPEAK FOR THE DEAD, a two-million copy bestseller, introduced Jake Lassiter, the linebacker-turned-lawyer in Miami's murder trial of the century."One of the best mysteries of the year." - Los Angeles TimesILLEGAL tells a chilling story of human trafficking, a mother's love for her son, and the redemption of a man intent on escaping his past."Timely, tumultuous, and in a word, terrific." - Providence JournalSHATTERED JUSTICE is a Kindle Unlimited title. Read more

A controversial call to put honor at the center of morality To the modern mind, the idea of honor is outdated, sexist, and barbaric. It evokes Hamilton and Burr and pistols at dawn, not visions of a well-organized society. But for philosopher Tamler Sommers, a sense of honor is essential to living moral lives. In Why Honor Matters, Sommers argues that our collective rejection of honor has come at great cost. Reliant only on Enlightenment liberalism, the United States has become the home of the cowardly, the shameless, the selfish, and the alienated. Properly channeled, honor encourages virtues like courage, integrity, and solidarity, and gives a sense of living for something larger than oneself. Sommers shows how honor can help us address some of society's most challenging problems, including education, policing, and mass incarceration. Counterintuitive and provocative, Why Honor Matters makes a convincing case for honor as a cornerstone of our modern society. Read more

È un'opera davvero tormentata, incompiuta a causa della prematura morte dell'autore. L'opera risulta essere un realistico e preciso dipinto della Russia contadina e zarista, tutta imbrigliata in un complicatissimo apparato burocratico ereditato dalle riforme di Pietro il Grande. Read more

This book contains the dissertation thesis of Dr. Martin Ivanaj, which he defended at the Royal University of Rome in 1921. It is a one-century-old document that analyses the Code of Lekë Dukagjini (ancient Albanian customary laws), with a focus on the practices followed by the Northern Albania Tribes of Trieshi, Hoti, and Gruda.In this thesis, Dr. Ivanaj has elaborated comparative analysis with compelling and scientific arguments in many aspects, such as legal, social, and even in terms of love that prevailed among members of Albanian families.Dr. Martin Ivanaj was among the first lawyers and judges in Albania with Western education, and before his demise, Chief Justice of the Supreme Court and a Member of the Council of State (1932-1939). He left behind an invaluable legacy in the field of Law, with numerous articles interpreting and enriching the Civil and Penal Codes. The Ivanaj Foundations in New York and Tirana bear the name of Dr. Martin and Prof. Mirash Ivanaj and carry on their legacy.The thesis is available in its original version in Italian, as well as translations in English or Albanian. In this edition, you will find only the English version. Read more

"Decolonizing Justice" is a groundbreaking book that explores the role of African indigenous laws in modern legal systems. These laws, also known as customary laws, have been practiced in Africa for centuries and are based on the customs, traditions, and practices of different African communities. They reflect the social, cultural, and economic realities of African societies, and as such, are essential to understanding the legal landscape of the continent.The book argues that African indigenous laws offer a number of benefits that are often overlooked or dismissed by the dominant legal systems in Africa. One of the key benefits is accessibility, as these laws are often understood and practiced by the majority of people in African societies. This stands in contrast to Roman Dutch law, which was imposed by colonial powers and may not reflect African values and beliefs.Moreover, African indigenous laws are also flexible and adaptable to changing circumstances, making them well-suited to address the complex challenges facing African communities today. They are also inherently democratic, as they are shaped by the communities themselves and reflect their collective values and beliefs. This is in contrast to legal systems that are imposed from outside and may not be responsive to the needs and concerns of the communities they serve.Another important benefit of African indigenous laws is their role in cultural preservation. These laws are closely tied to African cultural practices and beliefs, and as such, play a vital role in maintaining and celebrating the diversity of African societies. By recognizing and incorporating these laws into modern legal systems, it is possible to promote cultural preservation and ensure that legal systems reflect the values and beliefs of the diverse communities they serve.The book also addresses the challenges of implementing African indigenous laws in modern legal systems. One of the key challenges is the lack of recognition and understanding of these laws by legal professionals and policymakers. There is also a need to address issues of gender and human rights within these laws, to ensure that they are inclusive and equitable.Overall, "Decolonizing Justice" provides a thought-provoking examination of the importance of African indigenous laws in decolonizing justice, promoting cultural preservation, and ensuring that legal systems reflect the values and beliefs of the diverse communities they serve. The book is essential reading for anyone interested in African legal systems, human rights, and social justice. It offers a unique perspective on the role of law in promoting equity, diversity, and inclusion in Africa and beyond. Read more

This book brings together a series of papers by Ani Mikaere that reflect on the effect of Pākehā law, legal processes and teaching on Māori legal thought and practice.She discusses issues such as the ability of Māori to achieve justice when Māori law is marginalised; the need to confront racism in thinking, processes and structures; the impact of interpretations of the Treaty of Waitangi; the difficulty of redressing harm to Māori within the Pākehā legal system; and the importance of reinstating tikanga at the heart of Māori legal thinking and practice. Read more

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years.General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law. Read more

This book is the first of four volumes published under the series title The Judge and the Creative Positivist. Creative positivism is a legal philosophy that is an extension of H.L.A. Hart’s legal positivist theory presented in his classic work The Concept of Law. Moskowitz identifies ‘hard’ cases that do not fit easily into Hart’s rule of recognition; cases in which there are gaps, open texture or penumbral factual situations. He then modifies Hart’s version of the discretionary theory that limits the exercise of discretion in making judicial decisions. The author is in a unique position to do so thanks to his having studied under Hart at Oxford, providing Hart at his request with a critique of the The Concept of Law while it was still in draft form. He demonstrates through the creative positivist theory how discretion is exercised in ‘easy’ cases too, where the law is determinate. In so doing, Moskowitz adds to Hart’s primary and secondary rules a new set of tertiary rules.The Judge and the Umpire springs from a reaction against a supreme court judge’s direct attempt to assimilate the two roles in his inaugural speech. In short, the author argues, because judges are authorized to create new legal rules, they are not like umpires who call balls and strikes with no authority to change the rules.This series will be invaluable to students of US jurisprudence and legal philosophy and provide researchers with a ground shifting new theory. This first volume examines six cases in detail, providing an introduction that is accessible to undergraduates and to general readers with an interest in the context of existing judicial decisions.www.thecreativepositivist.comPublished by www.hugejam.com, 2022 Read more

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This book is the second of four volumes published under the series title The Judge and the Creative Positivist. Creative positivism is a legal philosophy that is an extension of H.L.A. Hart’s legal positivist theory presented in his classic work The Concept of Law. David Moskowitz has a unique relationship with The Concept of Lawbecause Hart was his tutor and used his critique of The Concept of Law as the basis for deciding that he would qualify for the D.Phil. degree at Oxford University.In the first volume, The Judge and the Umpire, the author explains why judges are not like umpires because judges have the authority to create new legal rules. In this second volume, Moskowitz reviews the impact of the American Legal Realists who established that judges do not always apply the rules of pre-existing law in deciding cases.Legal positivism is based on three theories: the pedigree theory (laws are based upon the sources of the legal rules); the separation theory (the distinction between law that is and potential law; the difference between law and non-law; and the separation of legal rules from moral rules); and the discretionary theory (judges have discretion when the law is unclear to create new legal rules rather than deciding cases by applying only rules that existed before the case was decided).In Hart’s version of the discretionary theory, judges exercise discretion only in the cases in which the pre-existing law is indeterminate (the hard cases). Here, Moskowitz contends that judges use discretion in all cases in which the judge creates a new legal rule. This may include cases in which the law was certain before the decision is made, but in which the judge does not apply the pre-existing law and, instead, creates a new legal rule. Moskowitz uses the law of zoning to demonstrate the impact of justice upon the making of such legal decisions.This book will be of interest to law students and to all readers who want to understand the sources used by judges in making judicial decisions and the standards by which these judicial decisions may be evaluated. Read more

A legal drama in the backdrop of American and Indian Judiciary-Anwitha, a young lawyer from India moves to California and meets Mia, a young attorney from Florida. Anwitha struggles to understand some aspects of the US justice system. She has concerns about something the citizens are proud of, but is unable to see the reverse problem in India. Mia shares her point of view that judicial reforms are needed. Meanwhile, unexpected events enmesh the girls in a criminal trial and an ambitious but vindictive prosecutor tries to take advantage of the loopholes in the American legal system to ensure a conviction...What happens next?What are the concerns about the legal system and are they valid, if so, what is the solution…If you like court room drama or deliberations, stories based on the law or constitutional rights, this book is for you. Read more

How does Manhattan’s 47th Street diamond district thrive as an ethnic marketplace without lawyers, courts, and state coercion? Barak Richman draws on insider interviews to show why relational exchange based on familiarity, trust, and community enforcement succeeds and what it reveals about the modern state’s limitations in governing the economy. Read more

A collection of brilliant and provocative essays from Edmund Leach, one of the most original voices in the social anthropological tradition. Read more

جاءت الشريعة الإسلامية والكثير من الأعراف البشرية متأصلة في النفوس، فسلكت معها مسكاً حكيماً يتسم بالتدرج وعمق المعالجة، وحددت إطاراً عاماً، لم تسمح لتلك الأعراف بتجاوزه مهما بلغت درجة قوتها في النفوس، فأبقت على الأعراف الموافقة للتعاليم السماوية، وبنت على بعضها الكثير من الأحكام في حين استبعدت ما خالف الشرع وبحكمة وروية. ولقد اختلف العلماء في موضوع الأعراف من خلال استنباطهم للأحكام في حالة غياب النص.. كيف ذلك؟ يحاول هذا الكتاب إضافة نوعية في دراسته للعرف وما ينبني عليه. Read more

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming. Read more

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law.In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture is shallow unless it is grounded in Jewish law. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition. Read more

This is a brief introductory manual of issuing authentic fatwas, as legal rulings in traditional law – of Islam, in particular. As such, this will be very useful for those interested in the makings of such fatwas.In general, however, the book is of wider - if somewhat indirect - relevance as well, applicable to all and any traditional laws (e.g. Hindu-daybhaga, Christian-ecclesiastical, Chinese custom, Aboriginal).The specific focus of the book is on researching and preparing fatwa - legal rulings in traditional laws based on Islamic scriptures interpreted by the Hanafi method of scriptural analyses.But, this is also an illustrative case of Applied Tradition - that might serve as a basic model, with appropriate adjustments, for any traditional laws co-existing with a modern Western Law within the same jurisdiction. The range might be from the Aboriginal traditional law in Australia, to Chinese marriage law in Malaysia, to Muslim personal law in India, to Hindu inheritance law in Bangladesh to Muslim family law in the Philippines.This book is expected to help cultivate and develop a culture of legal pluralism suggested in the early 2000s by this former Harvard University fellow, at an international conference held in Kuala Lumpur. This, was presented as an aspect of pluralism itself – shown by the Yale University professor, Robert Dahl, to be - an essential prerequisite for a genuinely functioning democracy.This book by this author - also a former MIT fellow, and Consultant in Asian Development - is expected to help negotiate a smooth transition to Modernisation through, rather than in contradiction with, inherited Traditions. In this, the book in part proceeds from MIT professor Lucian Pye’s approach, whereby modernisation needs to proceed in light of culturally shaped behavioural patterns of the people concerned.The book, despite informed by such behaviour-scientific perspective, remains an authentic piece of work in traditional Religious Science, by an authentic mufti – taught, trained, authenticated, and ordained in traditional method. For this, the book is an authentic manual for muftis – trainee or established – and also of interest to those who like to understand the subject, its basic elements and procedures, as seekers or recipients of fatwa. Read more

A presente edição vem atualizada com as novas normativas emitidas nos dois anos que se seguiram à quinta edição. Nesse caso, o maior destaque foi a Resolução CFM n. 2.320, de 2022, que trouxe novo marco regulatório para a reprodução humana assistida (Capítulo 6). Trata-se da sétima norma deontológica emitida pelo Conselho Federal de Medicina sobre o tema, contudo alguns pontos permaneceram controvertidos sob o prisma do Direito, como a determinação de idade máxima das candidatas às técnicas de reprodução assistida; o anonimato dos doadores de gametas e de embriões; a doação compartilhada de oócitos; a possibilidade de descarte de embriões; a doação temporária de útero e a reprodução assistida post mortem. Também houve mudança quanto ao procedimento de alteração de prenome no Direito brasileiro, por meio da Lei n. 14.382/2022, o que facilitou o processo para os transgêneros (Capítulo 12) e pôs fim a algumas discussões. Além das atualizações, foram realizados alguns acréscimos para acentuar questões relativas à proteção de dados pessoais de saúde, considerados dados sensíveis pela LGPD, mas que também ganham novos contornos com a ampliação de uso do prontuário eletrônico e da telemedicina (Capítulo 4). O mesmo Capítulo 4 recebeu ainda um tópico sobre competência na tomada de decisões. Trata-se de um conceito muito caro à Bioética e fundamental para o enfrentamento da autonomia nas questões corporais. Assim, além da capacidade jurídica, alia-se um conceito mais circunstancial e contextualizado, que traduz o poder de decidir com discernimento no caso concreto. Em razão de fatos surgidos nos últimos tempos, acrescentou-se um item ao Capítulo 5 para narrar dois casos emblemáticos sobre o aborto legal em crianças, O capítulo de doação de órgãos (Capítulo 13) recebeu um novo tópico sobre a doação pareada ou transplante pareado, modalidade não prevista expressamente na legislação brasileira, mas que abre espaço para a troca de órgãos ou tecidos entre doadores que não possuem compatibilidade com os seus relacionados, de modo a garantir que se realize simultaneamente mais de um transplante, com contemplação de ambos os receptores. No Capítulo 14, que aborda as questões relativas ao direito de morrer, inseriu-se a discussão acerca da Resolução CFM n. 2.232/2019, questionando se a recusa a tratamento médico pode se confundir com a eutanásia. Assim, se retomou a discussão do Capítulo 4 (Relação Médico-Paciente), mas sob uma nova perspectiva, que discorre sobre a recusa terapêutica por pacientes e a objeção de consciência médica frente à finitude da vida. Por fim, no capítulo sobre Bioética Animal (Capítulo 16), a discussão sobre a situação jurídica dos animais recebeu um incremento com a descrição das mudanças legislativas operadas em vários países, como Alemanha, França, Holanda, México, Portugal e Suíça. Essas alterações pretenderam alterar a localização desses seres vivos na clássica dicotomia entre sujeito e objeto de direito. Enfim, a obra pretendeu acompanhar a plasticidade e a dinamicidade próprias da Bioética e do Biodireito. Esse foi o esforço. Esperamos que a receptividade dessa edição seja tão favorável quanto as anteriores. Read more

The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation. Read more