Samples Of Lawmaking

Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.

Lord Devlin was a leading lawyer of his generation. Moreover, he was one of the most recognised figures in the judiciary, thanks to his role in the John Bodkin Adams trial and the Nyasaland Commission of Inquiry. It is hard then to believe that he retired as a Law Lord at a mere 58 years of age. This important book looks at the life, influences and impact of this most important judicial figure. Starting with his earliest days as a schoolboy before moving on to his later years, the author draws a compelling picture of a complex, brilliant man who would shape not just the law but society more generally in post-war Britain.

Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - will profit from reading this most informative and engaging book.

Thirty years ago, English jurist Patrick Devlin wrote: "Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers". Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life.

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea

This book analyses the conceptual and concrete relationships between rhythm and law. Rhythm is the unfolding of ordered and regulated movement. Law operates through the ordering and regulation of movement. Adopting a ‘rhythmanalytical’ perspective – which treats natural and social phenomena in terms of their rhythms, repetitions, motions, and movements – this book offers an account of how legal institutions and practices can be theorised and explained in terms of rhythm. It demonstrates how the category of rhythm has jurisprudential significance, from how Plato envisaged the functioning of the city-state, to the operation of the common law, as well as in our relationship to contemporary digital technology. In music, rhythm ‘orders’ the movement of sound, binding together the motions and vibrations of sound in such a way that is neither pure noise nor pure mechanics. In this way, rhythm can be deployed as a concept in the analysis of one of the central purposes of legal institutions and practices: to order the movements of bodies, whether the bodies of citizens in everyday life or of prisoners in rituals of punishment. This book engages with the mutual intersections and points of illumination between rhythm and law, such as ritual, measure, order, and change. This book is an experimental rhythmanalysis of law, offering conceptual and methodological starting points, as well as proposing directions that could be deployed in future research. It is aimed primarily at legal scholars intrigued by rhythmanalysis and rhythmanalysts more generally. This book will also be of interest to those in the fields of philosophy, political and legal theory, sociology, and other social sciences.