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Kant and the Laws of Nature

Details: Explaining why laws of nature seemingly govern the natural world (as much as the moral law regulates the realm of human freedom and choice) is key to Kant’s transcendental philosophy. Kant seems to embrace a coherent account of what it is to be a …

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Biblical Law in the Hebrew Bible

Details: Biblical law comprises both special rules governing the relationships between humans and the divine world, which border on moral precepts and are not enforceable in a court of law, and rules that would be recognizable to a legal historian studying any system of law, i.e., rules regulating the economic and social relationships between humans.

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Social Work and the Law

Details: Laws also govern many relationships of interest to social work clients, including landlord/tenant, employer/employee, physician/patient, vendor/purchaser, spouse/spouse, and parent/child relationships. Thus, knowledge of the law should provide practitioners with a practical understanding of their clients’ rights and responsibilities in a

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Law and Society in Latin America since 1800

Details: Provides a good overview of Latin American laws and institutions, including their historical development, through 1980. Strong on legal procedures throughout Latin America and hemispheric legal disputes. A good place to start for researchers interested in …

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Child Welfare Law in the United States

Details: Laws dictate the definitions of abuse and neglect, and these have changed dramatically as medical and psychological evidence has increasingly been used to reform child welfare law to better serve the children it aims to protect. Four interrelated types of abuse may be addressed as categorized by US law: physical abuse, neglect, sexual abuse

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Traditional Chinese Law

Details: Based on new archaeological discoveries (oracle bones, bronze inscriptions, and texts of laws), the book attempts a reconstruction of the factors shaping the application of punishments in the period from the Shang to the Han (1500 BCE –206 CE). It argues, somewhat controversially, that from the beginning individuals were subject to different

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Multinational Corporations in International Law

Details: In practice, therefore, multinational corporations are subject only to the domestic laws of the different states in which they operate. Since states compete with each other to attract investment from multinational corporations, the regulatory framework applicable to such corporations has a tendency to weaken rather than strengthen.

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Sociology of Law

Details: The sociology of law refers to the sociological study of law and law-related phenomena, whereby law is typically conceived as the whole of legal norms in society as well as the practices and institutions that are associated with those norms. Dating back to the classic works by Emile Durkheim and Max Weber, the sociology of law has partly also

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Equal Employment Opportunity

Details: Introduction. Equal employment opportunity (EEO) laws prohibit employment discrimination based on race, color, religion, sex, pregnancy, age, religion, disability, and national origin; in the United States, these laws apply to employers with fifteen or more employees. The concept means that all employees shall have an “equal opportunity

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Nationality and Statelessness

Details: There are numerous causes, including a conflict of nationality laws and arbitrary deprivation or denial of nationality. Another common cause of statelessness is the inadequate or uncoordinated regulation of nationality in the context of state succession. Statelessness has a detrimental effect on individuals, families, and communities.

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Climate Change and International Law

Details: Introduction. Climate change is a global phenomenon, closely tied to fossil fuel–based development, which exposes states to various degrees of vulnerability. International law needs to develop a system of mitigation and adaptation to climate change that enables states to adjust more readily to new data and requirements, and which takes into

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Truth-In-Sentencing

Details: The author provides a summary of political and social factors driving adoption of TIS laws in the United States and observes that in the conservative American political climate of the 1990s, few elected politicians were willing to risk being called “soft on crime.” Once established, TIS provisions were hard to …

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Sex Offender Policies and Legislation

Details: Reviews the social context within which laws regulating convicted sex offenders were implemented. Finds little efficacy in current sex offender management policies but notes the research is limited in scope and cannot yet be generalized. Suggests an evidence-based approach to policymaking.

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Disarmament in International Law

Details: International disarmament law, or the law of disarmament, has evolved to constitute a separate branch of international law, similar to international environmental law and international criminal law. The biggest shift in recent years has been the rise of what is called “humanitarian disarmament” and the accompanying legal framework that

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Transnational Law

Details: Introduction. Transnational law (TL) reacts to normative demands in world society and thus covers normative worlds beyond both domestic and international realms. Inasmuch as domestic law structures relations among actors within the confines of a territorial state, and international law structures relations among states, TL can be understood to

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Law in the Rabbinic Period

Details: An attempt to systematize the vast literary production of the rabbis and abstract from it key religious and intellectual positions. Though not focusing on rabbinic law as such, Urbach touches on many important legal issues, such as the rabbinic doctrine of the mitzvot (commandments), the wages of sin, and the role of central rabbinic figures. An ambitious book, in the best sense of the word.

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International Fisheries Law

Details: International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture

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Military Necessity

Details: Articles 14–16 in this first attempt at a modern codification of the laws of war define the contemporary doctrine of military necessity and set out what it does and does not permit. By no means of solely historical interest, this document actually is as close as international law comes to a generally accepted statement of the doctrine.

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Ecological Restoration and International Law

Details: Bastmeijer 2016 addresses how ecological restoration is an answer to the ongoing degradation of nature, for which conservation strategies and laws no longer suffice. Cliquet 2019 suggests some solutions to advance ecological restoration in the Anthropocene.

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Driving and Traffic Offenses

Details: Sources for evaluating the effectiveness of the extensive variety of countermeasures to encourage improved compliance with traffic laws are provided in the final Countermeasures section, which is divided into several subsections. Many countermeasures derive from a …

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Immigration Politics and Policy in the United States

Details: Two laws in 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), had the combined effect of dramatically increasing the number of immigrants detained and deported in the United States.

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International Regulation of the Internet

Details: DOI: 10.1017/CBO9781139021838. A general work that, through the lens of the polycentric governance approach, deals with almost every aspect relating to the Internet, ranging from its extant threats to its character as pseudo-commons and to the whole array of international norms, including the law of armed conflict.

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Mandatory Minimum Sentencing

Details: General Overviews. Few comprehensive overviews of mandatory minimum sentencing provisions exist. Tonry 1992 and Tonry 1996 provide what are perhaps the most complete summaries of these laws, although both are now quite dated. Reviews of the empirical evidence for the deterrent effects of mandatory minimums conclude that, overall, they are an ineffective sentencing policy and …

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International Investment Arbitration

Details: An early iteration of international investment arbitration was the submission of investment claims to Mixed Claims Commissions. These had been established by a series of bilateral conventions concluded between the mid-1800s and the early 1900s in order to adjudicate disputes between the nationals of a party State to the convention and the other

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Therapeutic Jurisprudence

Details: Therapeutic jurisprudence is an interdisciplinary method of legal scholarship that aims to reform the law in order to positively impact the psychological well-being of the accused person. In 1990, law professors David Wexler and Bruce Winick coined the term “therapeutic jurisprudence” to acknowledge the sociopsychological consequences of

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Interracial Marriage in the Atlantic World

Details: Pascoe argues that anti-miscegenation laws were intended to protect the racial purity of white women and thereby naturalize the racial boundary between whites and nonwhites. Peterson, Jacqueline, and Jennifer S. H. Brown, eds. The New Peoples: Being and Becoming Métis in North America. Winnipeg, Canada: University of Manitoba Press, 1985.

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Alcohol and Drug Prohibition

Details: Introduction. In standard reference works such as the Oxford English Dictionary, a general definition of prohibition as “the action or act of forbidding” is quickly followed by a definition of Prohibition.This is defined as the US experience with government control of alcohol via “forbidding by law of the manufacture, sale, or transport of alcohol for consumption; especially such

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Felon Disenfranchisement

Details: Felon disenfranchisement is a dynamic field and a changing landscape; a number of states have changed laws and practices for reinstatement of rights in recent years. General Overviews. A good deal of scholarship has been done on the topic of felon disenfranchisement since the early 1990s. The works selected for this section offer broad

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Greek and Roman Political Philosophy

Details: Introduction. In this bibliography “Greek and Roman political philosophy” is taken to mean philosophical reflection on politics in the Greco-Roman world from the 5th century BCE to the 5th century CE.More particularly, ancient political philosophy involves reflection on the establishment of political institutions and laws; the nature of political rule; central social and political concepts

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Segregation in Federal Government

Details: In between, federal segregation was rarely stable, however. All segregationist regimes are marked by inconsistencies and constant vigilance by both white supremacists and civil rights activists. Before the Civil War, African Americans in Washington were subject to an ever-changing set of racial practices and segregation laws.

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LGBT Politics in the United States

Details: With the Supreme Court repeal of all standing anti-sodomy laws in 2003 and the Massachusetts judicial legalization of same-sex marriage later that fall, same-sex marriage again became a national issue and many states adopted constitutional amendments to ban its recognition. Unprecedented shifts in public opinion and legal victories paved a path

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Africa and Intellectual Property Rights for Plant

Details: However, the obligation set out in Article 27.3(b) of TRIPS for all World Trade Organization (WTO) members to protect plant varieties through patents, an effective sui generis system, or a combination of systems, heralded revisions to the intellectual property laws and policies on the continent.

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