Oxford University Press

A succinct biography of one of the most important figures ever to sit on the United States Supreme Court Known as the «Great Dissenter,» Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes's early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States , and others--which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law --are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.

Practical guidance on this ever-evolving area of the law

- A broad ranging critical assessment of comparative law at the beginning of the twenty-first century — Charts the development of comparative law — Examines traditional model jurisdictions, such as France, Germany, and the United States, as well as regions like Eastern Europe, East Asia, and Latin America. — Discusses the major approaches to comparative law and its relationship with other fields, such as legal history, economics, and linguistics — Comprises forty chapters written by experts from around the world The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law — its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty eight chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. «Popular sovereignty» was not just some historical abstraction, and the notion of «the people» was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.

- The first ever comprehensive treatment of peremptory norms in international law — Examines the basis for the peremptory character of norms, as well as the effect of peremptory norms in a variety of fields, including the use of force in an aggressive war — Covers the wide variety of cases and situations in which the relevance of peremptory norms has been raised — Combines a systemic analysis with an examination of current issues, bringing together the practical and academic heritage accumulated in different legal traditions and languages This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties. This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It also demonstrates that the hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.

- Takes a multidisciplinary approach to the subject of penal policy and criminology — Includes a mixture of both empirical research and theoretical perspectives — Comparative analysis — International coverage The book offers an incisive collection of contemporary research into the problems of crime control and punishment. It has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures, including 9/11, which have transformed the social, political, and cultural environment; to present a selection of the diverse epistemological and methodological frameworks which inform current research; and finally to set out some fruitful directions for the future study of punishment. The contributions to this collection cover some of the most exciting and challenging areas of current research including terrorism and the politics of fear, penality in societies in transition, penal policy and the construction of political identity, the impact of digital culture on modes of compliance, the emergent hegemony of information and surveillance systems, and the evolving politics of victimhood. Taken together, this work draws connections between local problems of crime control, transnational forms of governance, and the ways in which certain political and jurisprudential discourses have come to dominate policy and practice in western penal systems. ERRATUM The sentence on p. 153, lines 5-7 should read «...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998.» No other part of the book is affected by this correction.

- Takes a multidisciplinary approach to the subject of penal policy and criminology — Includes a mixture of both empirical research and theoretical perspectives — Comparative analysis — International coverage ERRATUM The sentence on p. 153, lines 5-7 should read «...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998.» No other part of the book is affected by this correction.

- The first comprehensive and introductory account of the principal themes in contemporary jurisprudential debates, ideal for those studying the subject at undergraduate or postgraduate level — Key themes and complex legal philosophical debates are clearly outlined, encouraging readers to critically evaluate the subject — Provides students with an informed view of both the limits and possibilities of the philosophy of private law On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions — between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation — are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

- The only guide to court procedure and practice written specifically for police officers — Provides helpful information on a range of topics such as court procedures, giving evidence, case progression and preparing case files — Includes plenty of practical tips, court plans, flow-charts and diagrams — Explains the different features and processes of each relevant court — the Magistrate's Court, the Crown Court and the Coroner's Court — Covers likely future changes and developments — Accessible and clear layout This text is a practical and very useful guide for police officers of all ranks, designed to prepare them for attending court. Most police officers will at some point be required to attend court and many officers attend on a regular basis. Going to Court is a unique text which demystifies and explains the court process. The book covers the main features and processes of the four relevant courts for police officers — the Magistrate's Court, the Crown Court, the Youth Court and the Coroner's Court. The book provides information on court procedures, giving evidence, case progression and case file preparation. Accessible and easy to use, there are many helpful flowcharts, diagrams, practical tips and court plans. This book is a must have for all police officers who need advice and practical help with this often daunting experience. It will also be of use to fire service professionals who need to attend court.

Extensive extracts from over 20 major U.S. Supreme Court decisions provide excellent primary source illustration of the topics under discussion

- Accessible guide to the complex area of local government law in a single affordable volume — Updated to cover legislative changes since the first edition's publication in 1997, including the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004 — Coverage has been expanded from first edition to now include; partnerships; joint ventures; procurement; freedom of information; well-being; best value; and human rights — Clear and user-friendly chapter structure and extensive use of examples, checklists, and key documents assist the reader in quickly locating the material they need New to this edition — Coverage has been expanded to include partnerships; joint ventures; procurement; freedom of information; well-being; best value; and human rights — Updated to include the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004 The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. This second edition of A Practical Approach to Local Government Law provides comprehensive coverage of the rull range of law and legislation relating to local government and local authorities. Since the first edition published in 1997, there have been significant legislative changes in the field of local government, including the enactment of the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004. This new edition takes these changes fully into account, and covers the increasingly key areas of; partnerships and joint ventures; procurement; freedom of information; wellbeing; best value; and human rights. Very much a practical guide, A Practical Approach to Local Government Law 2/e makes extensive use of examples, checklists, and key documents, to assist the busy practitioner in quickly locating the material they need, whilst also providing valuable context for the student coming to this complex subject for the first time.

- Clear and comprehensive — Covers the latest research developments — Relates work in linguistics and philosophy of language — Includes examples from English and a wide range of languages — Includes exercises and answers, a glossary, and guides to further reading — Written by one of the leading scholars in the field This introduction to pragmatics — the study of language in use — provides an authoritative and comprehensive account of its central topics and a guide to the latest research. It opens with a discussion of the scope, meaning, and history of pragmatics from Aristotle to the present. It shows how the subject relates to the study of semantics, syntax, and sociolinguistics and to such fields as the philosophy of language, linguistic anthropology, and artificial intelligence. The remainder of the volume is divided into two parts. Part I begins with an account of classical and neo-Gricean theories of conversational and conventional implicature. It considers presupposition and speech act theory, and describes the different kinds of deixis. Part II explores some of the most productive current work in the subject, much of it at the interface between pragmatics and other core areas of inquiry. It looks at the pragmatics-cognition interface and relevance theory before examining the interfaces between pragmatics and semantics and pragmatics and syntax. Professor Huang illustrates his lively account with examples drawn from English and a wide range of the world's languages. He includes exercises and essay topics at the end of each chapter, and offers guidance and suggested solutions at the end of the volume. He provides a full glossary of terms and guides to further reading. This is the ideal textbook for students of linguistics. It will also be a valuable resource for scholars and students of language in philosophy, psychology, anthropology, and computer science.

- An original contribution to the scholarly debates about the Europeanisation of private law — Based on research from the Study Group on a European Civil Code — Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's «Principles of European Contract Law», the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The «Principles of European Law» are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) Staempfli Publishers Ltd. (Switzerland).

- An original contribution to the scholarly debates about the Europeanisation of private law — Based on research from the Study Group on a European Civil Code — Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's «Principles of European Contract Law», the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The «Principles of European Law» are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

Principles of Finance with Excel is the first finance text that comprehensively integrates Excel into the teaching and practice of finance. Finance is inherently a topic requiring lots of computation and in today's business world this computation is almost wholly carried out in Excel. Despite this, many books rely heavily on hand calculators, and business school students often find that when they leave the academic environment they have to relearn both finance and Excel. The Excel-based approach of Principles of Finance with Excel gives better tools to the instructor and the student and integrates the educational message with the most useful financial tool available. There are no financial calculator examples in Principles of Finance with Excel , just Excel. The resulting message is clear: The Practice of Finance goes hand-in-hand with Excel. As every Excel user knows, a spreadsheet is not just a «computational tool», a slightly more sophisticated twist on the calculator. Using a spreadsheet gives new and deeper insights into financial decision making. The ability to combine graphics with computation, the powerful functions incorporated into the spreadsheet, and the ease with which sensitivity analysis can be done-all these give potent insights into financial problems.

- A comprehensive source of up to date primary and secondary materials — A source recognized and cited by the judiciary — Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position — Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East. The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago — although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

- A comprehensive source of up to date primary and secondary materials — A source recognized and cited by the judiciary — Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position — Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East. The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago — although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

- The PCA is a long-standing legal institution and a respected editor of a 7 volume series on issues of international law — Important, topical subject matter including recent innovative institutions such as the September 11th Victim Compensation Fund and the International Criminal Court — Brings together for the first time a broad scope of subject matter covering diverse mass claims processes — Renowned authors with diversity of relevant experience — Includes a reprint of Volume 1 of the Final Report of the Special Master for the September 11th Victim Compensation Fund This volume from the International Bureau of the PCA presents a collection of studies on innovative responses to the unique challenges of resolving large numbers of claims arising from common, often tragic, circumstances-mass claims. The mass claims processes discussed in this volume were created in the aftermath of war or other atrocities, and redress is often an important component of settlement for the victims. The authors consider mass claims processes both from a conceptual and a practical perspective through lessons learned over twenty-five years. This book covers innovations to speed mass claims processes by means of new standards of proof and the use of information technology, as well as specific mass claims processes: the United Nations Compensation Commission; the Austrian General Settlement Fund; the French Commission for the Compensation of Victims of Spoliation; the German Forced Labour Compensation Programme; and the reparations provisions of the Statute of the International Criminal Court. From a North American perspective, authors address the litigation of mass claims involving slavery under United States law, the United States Indian Claims Commission, and the successful completion of the September 11th Victim Compensation Fund. In addition, Volume 1 of the Final Report of the Special Master of the September 11th Victim Compensation Fund is reprinted in its entirety. The responses of the international community to current issues of compensation and reparations, the role of civil society actors in reparations legislation, and recent instruments adopted by the Council of Europe and the United Nations Commission on Human Rights are also reviewed.

- Discusses the proliferation of regional trade agreements which represent a significant challenge to WTO law — The co-existence of RTAs and the WTO raises critical issues of fragmentation of international trade law and jurisdictional competition — Contributors include scholars, government officials, and experts from international organizations, offering practical, conceptual, institutional, and official perspectives The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

- Discusses the proliferation of regional trade agreements which represent a significant challenge to WTO law — The co-existence of RTAs and the WTO raises critical issues of fragmentation of international trade law and jurisdictional competition — Contributors include scholars, government officials, and experts from international organizations, offering practical, conceptual, institutional, and official perspectives The proliferation of regional trade agreements, including both free trade agreements and customs unions, over the past decade has provoked many new legal issues in WTO law, public international law, and an emerging law of regional trade agreements. The various Parts of this book chart this development from a number of perspectives. Part 1 introduces the economic and political underpinnings of regional trade agreements, their constitutional functions, and their role as a locus for integrating trade and human rights. Part 2 examines the WTO rules governing regional trade agreements, focusing on a number of areas in which regional trade agreements prove problematic, such as trade remedies, regulatory standards and rules of origin. Part 3 investigates areas in which regional trade agreements go beyond WTO rules, in areas such as intellectual property, investment, competition, services, sustainable development and mutual recognition, while Part 4 is devoted to the dispute settlement mechanisms of regional trade agreements, and includes illuminating case studies. Part 5 explores the interrelationship between regional trade agreements and the WTO system from the perspective of public international law, involving questions with significance beyond the trade community.

- Analyses changes in industry regulation and makes interconnections with theoretical perspectives — Examines a wide range of alternatives to traditional regulation — Written by an international group of contributors, with case studies from the Netherlands, the USA, Singapore, New Zealand, and the UK — Looks at the topical controversies of non-state actors and globalization Democratization, globalization, and increased environmental awareness have had a profound impact on the regulation of industry in the energy and natural resources sector. This book analyses the changes in character of the way this industry is regulated, and seeks to make connections with theoretical perspectives on regulation as a major part of the modern legal system. Part I examines the emergence of alternatives to regulation, such as 'soft law' in developing countries, the European Electricity and Gas Directives of 1996 and 1998, the idea of regulation of company structure as opposed to performance, multi-faceted government alternative regulatory instruments, and market mechanics. Part II analyses conventional methods of regulation, and how they have evolved, including case studies from the Netherlands, the USA, Singapore, New Zealand, and the UK. Part III looks at regulatory innovations such as environmental audit, self-regulation, the 'Voluntary Action Plan', private-sector standard setting, and certification. Part IV examines the role of non-state actors, and their response to national and supranational regulatory changes, and globalization. Recent shifts in the perception of energy security, failures in energy company corporate governance, and evolving self-regulatory frameworks renders this a timely and worthy examination of the issues facing the energy and natural resources industry today.

- A unique and practical guide to remedies available under international law for human and civil rights violations — The only work to cover remedies in all international fora — Provides comprehensive coverage of an area of increasing practical and academic importance — The First Edition was Winner of the ASIL Certificate of Merit 2000 This fully revised and updated new edition of Remedies in International Human Rights Law provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law. This edition also incorporates a new chapter on historical injustices. All the cases of the Inter-American and European Courts of Human Rights are included, as well as decisions of the African and Inter-American Commissions on Human Rights, UN bodies, the European Court of Justice, international administrative tribunals, and national courts applying human rights law.

- The book has a unique focus entirely on retroactivity, a subject normally dealt with only as a subset of constitutional law — The book touches on some very topical areas, such as the use of retroactivity in the fight against terrorism. Highly controversial current issues, eg: Guantanamo Bay detainees, Patriot Act etc — The book has a very wide readership potential, retroactivity is a controversial constitutional and ethical issue across UK and USA especially, and Australasia and Canada also. Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from 'corrective' legislation to 'interpretive regulations' to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this 'rule of law' argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws.

- A comparative study of revolution and civil society — Documents and explains the major differences in the history, rules, and institutions of three major legal professions The revolutions of France, the United States, and England each inspired dreams of creating legal institutions that did not depend on specialist intermediaries, and, in different ways, provoked attacks on the existing rules and government of the legal profession more widespread and severe than at any other time in their history. These dreams came to naught and, sooner or later, the professions recovered, but their revolutionary experiences nevertheless had a lasting impact on their subsequent organization, and help to explain why three previously convergent professions should diverge as their societies industrialised. The social upheaval of industrialization may also help to explain many of their peculiarities down to the present day: why, for instance, French advocates imposed such strict ethical obligations on themselves, from which they were only released by the state in 1992, why American lawyers should be the first to be at ease in the market, but faced intractable problems of professional self-government, why two professions should emerge in England, both with a high degree of self-government, and both long indifferent to law schools and to the market for legal services. Since lawyers were the first occupation to organize as a profession, this insightful comparative inquiry then asks what their experience might tell us about other organized occupations in these three societies, and the difference between their educational institutions, their division of labour, their civil societies and lesser forms of government, and about the ways they have been stratified and formed classes.