It has been accepted since antiquity that some restraint should be observed during armed conflict. This book examines the apparent dichotomy and introduces any study of the law of armed conflict by considering the nature and legality of war. The purpose of what is known as the law of armed conflict or, more commonly, the law of war is to reduce the horrors inherent therein to the greatest extent possible, bearing in mind the political purpose for which the war is fought, namely to achieve one's policies over one's enemies. The discussion on the history and sources of the law of armed conflict pays most attention to warfare on land because that is the region for which most agreements have been drawn up, although attention has been accorded to both aerial and naval warfare where it has been considered necessary. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. Although diplomatic relations between belligerents are normally severed once a conflict has commenced, there remain a number of issues, not all of which are concerned with their inter-belligerent relations, which require them to remain in contact. War crimes are violations of the and customs of the law of armed conflict and are punishable whether committed by combatants or civilians, including the nationals of neutral states. The book also talks about the rights and duties of the Occupying Power, civil defence, branches of international law and prisoners of war.
This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.
In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between written law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book critically assesses the public’s level of legal, psychological and social awareness in relation to their knowledge of law and deviant behaviour. This line of enquiry is taken from a wide range of viewpoints and thus offers a unique approach to the question of relationship between theory and practice. The book covers both empirical studies and theoretical engagements in the area of legal understanding and this affords a very comprehensive coverage of the area, and addressing issues of gender and class, as well as considering psychological material. It brings together a range of academics and practitioners and asks questions and address contemporary issues relating to the relationship between law and popular beliefs.
This book is intended as both a history of judicial developments in the
thirteenth and fourteenth centuries and as a contribution to the intellectual
history of the period. The dates 1215 and 1381 mark significant turning points
in English history. The product of legal culture and experiences, 'legal
consciousness' can be seen both as an active element shaping people's
values, beliefs and aspirations and also as a passive agent providing a reserve
of knowledge, memory and reflective thought, influencing not simply the
development of the law and legal system, but also political attitudes. Focusing
on the different contexts of law and legal relations, the book aims to shift the
traditional conceptual boundaries of 'law', portraying both the
law's inherent diversity and its multi-dimensional character. By offering a
re-conceptualisation of the role of the law in medieval England, the book aims
to engage the reader in new ways of thinking about the political events
occurring during these centuries. It considers the long-term effects of civil
lawyer, Master John Appleby's encounter with forces questioning royal
government and provides a new explanation for the dangerous state of affairs
faced by the boy-king during the Peasants' Revolt over a century and a half
later. The book puts forward the view that the years subsequent to the signing
of Magna Carta yielded a new (and shifting) perspective, both in terms of
prevailing concepts of 'law' and 'justice' and with regard
to political life in general.
This book tells the story of British imperial agents and their legal powers on the British-Chinese frontiers in the late nineteenth and early twentieth centuries. It offers new perspectives on the British presence in Yunnan and Xinjiang in western China and the legal connections to the British colonies of India and Burma. It examines how the mobility of people across borders forced consuls to adapt and shape law to accommodate them. Salt and opium smugglers, Indian and Afghan traders, and itinerant local populations exposed the jurisdictional gaps between consular and colonial authority. Local and transfrontier mobility defined and shaped British jurisdiction across the frontier in complex ways. It argues that frontier consular agents played key roles in creating forms of transfrontier legal authority in order to govern these migratory communities. Consular legal practices coexisted alongside, and often took advantage of, other local customs and legal structures. The incorporation of indigenous elites, customary law and Chinese authority was a distinctive feature of frontier administration, with mediation an important element of establishing British authority in a contested legal environment. The book is essential reading for historians of China, the British Empire, and socio-legal historians interested in the role of law in shaping semicolonial and colonial societies.
Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.
The increasing commercialisation of sport raises important questions concerning regulation. The development of the European Union (EU) and the internationalization of sporting competition have added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law. It investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other important European Court of Justice decisions, the relationship between sport and EU competition law, focusing particularly on the broadcasting of sport, the organization of sport and the international transfer system, and the relationship between sport and the EU Treaty, focusing in particular on the impact of the Amsterdam and Nice declarations on sport and the significance of the Helsinki report on sport. This text raises questions concerning the appropriate theoretical tools for analysing European integration.
Chartering English colonies on the American mainland in the seventeenth century
justify their activities. It is hardly novel to
investigate things American as constructs of English law. Much of
American historiography assumes English legal culture as a
foundation, notably as a font of liberties more perfectly realized
in a revolutionary America. Not for some considerable time has it
been thought worth exploring whether the substance of the English
Reconciling sport and law
The EU has been characterised as a regulatory state (Majone 1996).
Embedded within the EU’s constitutional and normative structure is a predisposition for the promulgation and enforcement of rules. In other words,
the forces of negative as opposed to positive integration have historically
driven the integration process (Pinder 1968, 1993). Knowledge about regulation and not budgets or votes has been the key resource EU officials have
striven for. Yet knowledge has a ‘dark side’ – technocracy (Radaelli 1999b:
758) – and this
Sport and EU competition law
In applying EU competition law to sport, the Directorate General for
Competition Policy (herein referred to as the Commission) has been caught
between three powerful forces. First, the Commission has a constitutional
commitment to promote and protect the free market principles on which
much of the Treaty of Rome is based. In this capacity it shares a close relationship with the ECJ. The ECJ’s rulings in Walrave, Donà and Bosman have
played an important role in placing sport on the EU’s systemic agenda in a
regulatory form. The