Law
The book is organized by Parts which contain thematically related chapters. Part I deals with an overview of key elements in ICA practice and includes chapters on how arbitration is conducted under different legal systems such as common law, civil law, and shari'a law, as well as a chapter on cultural issues in international arbitration. Part II contains geographical regional overviews covering most regions of the world (Western Europe, Russia/NIS countries, Asia (particularly China & Hong Kong and the Indian Subcontinent), Middle East & North Africa, Latin America, the U.S., Canada, and Australia & New Zealand. Part III includes individual industry sector views of how ICA is conducted in individual industry and business sectors such as oil & gas, LNG, mining, construction, telecommunications, satellite communications, intellectual property, sports, banking & finance, insurance & reinsurance, securities, shipping & maritime, corporate shareholder and bankruptcy settings. These chapters are highly instructive because many of them were written by current or former in-house counsel in these industries or, in some cases, by outside counsel who focus on these industries. Part IV of the book describes recent trends at several major global commercial arbitration institutions such as the ICC, ICDR, LCIA, CPR and WIPO. Part V deals with questions of how technology has been changing ICA practice in recent years, including chapters relating to the use of technology by some major arbitral institutions, videoc
Introduction to Legal Theory The aim of this book is to give an insight into analyses of the nature of law, in a way which is straight forward and yet does not spare students the process of thinking problems out fully. It is much more a self-contained course than a reference book, but it can also provide the basis for wider studies in the field of legal theory. The course is presented in the form of a comparative study within a manageable framework. The views of a number of jurists are examined and specific themes which the reader will find useful, both within the framework of the book and beyond it, are emphasised. There is an introductory chapter, calculated to dispel unnecessary doubts and to remove complications from the study of legal theory. This chapter also provides introductory guidelines which are expanded in later chapters with reference to specific issues. Substantial reference is made throughout the book to original sources, with the author acting as a guide. Each of the developments traced is introduced in such a way as to indicate not just what questions may be asked, but also why they are asked. The text of the first edition has been substantially revised, and two new chapters have been added on subjects which have an obvious claim to the attention of students of legal theory. Chapter 3 deals with some significant practical contributions made by natural law doctrine to the solution of some acute legal and moral problems arising out of the so-called ''grudge informer'' and allied cases in post-war germany. Chapter 9 contains an outline of the juristic thoughts and juridical institutions which originate in Marxist doctrine. Furthermore, existing chapters have been amended so as to take account of some recent assessments of established juristic theories. A legal theory course should induce genuine understanding of the issues involved. The ability to ask questions is at least as important as the ability to give answers; the mere memoris
Contents
Preface
Introduction to the Second Edition
I. THE INVESTIGATOR :
1. General Considerations
2. The Duties of the Investigator
3. The Procedure of the Investigator
4. Preconceived Theories
5. Certain Qualities Essential to an Investigator
6. Knowledge of Men
7. Finding his Bearings
8. Preparation of Cases for Court
9. The "Expeditious" Investigator
10. Accuracy and Precision in Details
II. EXAMINATION OF WITNESSES AND ACCUSED :
1. General Considerations
2. Examination of Witnesses :
i. When a Witness Wishes to Speak the Truth :
a. Fundamental Considerations :
(i) Perception
(ii) Memory
b. Special Considerations :
(i) Strong Feeling as a Cause of Inaccuracy of Observation
(ii) Inaccurate Observations Following Wounds on the Head
(iii) Differences in the Observing Powers, Resulting from Differences in the Natural Qualities and Intellectual Culture of The Observer :
(a) Children
(b) Boys
(c) Girls
(d) Adolescents
(e) Middle-aged People
(F) Old People
2. Examination of Witnesses and Accused-continued :
i. When the Witness docs not Wish to Speak the Truth
ii. Pathological Lying
Examination of the Accused
III. INSPECTION OF LOCALITIES :
1. Preparation
2. What to do at the Scene of Offence
3. The Actual Description of the Scene of Offence
4. Search for Hidden Objects
IV. EQUIPMENT OF THE INVESTIGATOR
V. THE SCIENTIFIC EXPERT AND THE INVESTIGATOR :
1. The Selection and Packing of Material for Expert Examination :
i. Clothing
ii. Small Samples
iii. Bulky Samples
iv. Liquids
v. Organs and Body Fluids
vi. Blood and Bloodstains
vii. Labelling
2. The Role of the Medico-Legal Expert
3. The Role of the Chemist
4. The Role of the Biologist and Mineralogist
5. Expert Examination :
i. The Search for, and Identification of, Bloodstains
ii. Other Body Fluids
iii. Stomach Contents, Intestinal Contents and Excreta
iv. Hairs
v. Fibres
vi. Wood Fragments
vii. Dust and Debris :
a. Road and Footpath Dusts
b. Dust Deposited from the Air
c. Industrial Dusts
d. Occupational Dusts
e. Methods of Collecting and Examining Dusts
viii. Broken Glass
ix. Other Materials
6. Laboratory Aspects of Sexual Offences
7. Laboratory Aspects of Larceny and Breaking Offences :
i. Larceny :
a. Larceny of Tomatoes
b. Larceny of a Car Battery
c. Larceny of Fowls
ii. Breaking Offences :
a. Premises
b. Safe-breaking
8. Handwriting
9. Photography :
i. Importance of Photography from a Judicial Point of View
ii. Particular Cases of the Employment of Photography
iii. Recognition of Criminals from their Photographs
10. The Scientific Investigator: Fingerprints :
i. General Observations
ii. Fingerprint Identification
iii. Apparatus for Fingerprint Examination at Scenes of Crime
iv. Fingerprint Examination at Scenes of Crime
v. Palmprints
vi. Prints of the Bare Foot
vii. Packing Articles for Fingerprint Examination
viii. Single Fingerprint Collections
ix. Scenes of Crime Collections
x. Fingerprint Evidence
xi. Missing Persons
xii. Fingerprint v. Personal Identification
xiii. The Radio Transmission of Fingerprints
xiv. Fingerprints of Twins
VI. THE PRESS
VII. PRACTICES OF CRIMINALS :
1. Disguising the Face
2. False Names
3. Pretended Illnesses and Pains :
i. " Illness " of Witnesses or Suspects before the Court
ii. Sudden " Illness" of Accused or Witnesses when Under Examination :
a. Blindness
b. Deafness
c. Epilepsy
d. Fainting Fits
e. Insanity
4. Hand Signals
5. Secret Writing
6. Signals of Recognition
VIII. SLANG EXPRESSIONS COMMONLY USED BY THIEVES :
1. Arrest, Sentences, Prison, etc
2. Money, Cheques, etc
3. Jewellery
4. People
5. Places, Articles, etc
6. Miscellaneous Expressions
IX. CONSTRUCTION AND USE OF WEAPONS :
1. Firearms :
i. General Considerations
ii. Questions Involved in Firearms Examination
iii. Different Kinds of Firearms :
a. Guns (Including Rifles)
b. Shot-Guns :
(i) Types of Shot-Guns
(ii) Airguns
(iii) Bore of Shot-Guns
(iv) Barrels of Shot-Guns
(v) Explosive Action :
(a) Muzzle-Loaders
(b) Breech-Loaders
c. Rifles :
(i) Muzzle-Loading Rifles
(ii) Breech-Loading Rifles
b. Pistols
c. Revolvers
d. Sub-Machine Guns
iv. Ammunition :
a. Powder
b. The Projectile
v. Objects Hit by a Projectile
2. Cutting and Stabbing Weapons :
i. General Considerations
ii. Cutting and Stabbing Weapons Properly so Called :
a. Sword-Arms
b. Arms in the Form of a Knife
c. Arms in the Shape of a Lance or Spear
d. Oriental Weapons
X. DRAWING AND ALLIED ARTS :
1. General Considerations
2. Drawing :
i. Plan of the Interior of a House
ii. Sketch of Dwelling
iii. Sketch of the Environs of the House
iv. Sketch of a Larger Portion of Country
v. Reproduction of Drawings, Printed Matter, Etc
3. Drawing on Squared Paper
4. The National Grid
5. Modelling
6. Piecing Together Torn Paper
7. Preserving and Deciphering Burnt Paper
XI. FOOTPRINTS AND OTHER Impressions :
1. Footprints :
i. The Measurement of the Print
ii. The " Trace " Itself :
a. The Walking Image
b. The Line of Direction
c. The Line of March
d. The Line of the Foot
e. The Length of the Step
f. Other Kinds of Walking
iii. The Reproduction of Footprints
2. Casts :
i. General Considerations
ii. Casts of Impressions in Soil :
a. Plaster of Paris :
(i) Mixing the Plaster
b. Resin and Wax
iii. Internal Casting
iv. Impressions In Dust
v. Identification of Foot Impressions
vi. Taking Specimen Impressions
vi. Casts of Implement Marks, Tooth Marks, Etc :
a. Wood's Metal
b. Plastic Materials :
(i) Plasticine
(ii) Dental Composition
c. Plaster of Paris
vii. Tooth Marks
viii. Positive Casts
ix. Moulage-Casts of the Human Body :
a. Method of Use
x. Marks Made by Vehicles
3. The Redevelopment of Latent Impressions On Metals, Etc. :
i. Technique
ii. ' Re-Etching :
a. Cast Iron and Cast Steel
b. Wrought, Drawn and Forged Irons and Steels
c. Aluminium
d. Copper, Brass, German Silver and Other Copper Alloys
e. Stainless Steel
f. Lead (Motor-Car Batteries, Etc.)
g. Zinc
h. German Silver
i. Tin
j. Silver
k. Gold and Platinum
l. Wood
m. Leather
n. Rubber
iii. The Identification of Type Marks
iv. Fine Scratch and Depressed Marks
XII. CRYPTOGRAPHY
XIII. THEFT :
1. General Considerations
2. Thieves' Scouts and Spies
3. Thieves' Equipment
4. Accomplices
5. The Theft Itself
6. Burglary and Housebreaking :
i. Entering by the Window
ii. Entering by the Door :
a. Attacking the Door Itself
b. Attacking the Lock
iii. Entering in Other Ways
7. Pocket-Picking
8. Sneak Thefts
9. Thefts in Bazaars and Shops
10. Domestic Thefts
XIV. CHEATING AND FRAUD :
1. General Considerations
2. Falsification of Documents :
i. In General
ii. The Examination of False Documents :
a. Paper Testing
b. Inks :
(i) Age of Inks
(ii) Analysis of Inks
3. Coining
4. Mock Auctions and Rigged Sales
5. Card-Sharping, Cheating at Games, Confidence Tricks :
i. Card-Sharping and Cheating at Games
ii. Confidence Tricks
6. Types of Fraud :
i. Sharepushing
ii. Greyhound Racing Track Frauds
iii. Long Firm Frauds
iv. Fraud On Banks-"Kite Flying"
v. Frauds Relating to Antiquities and Works of Art :
a. Prehistoric Objects
b. Egyptian Antiquities
c. Antique Pottery
d. Glassware
e. Old COINS and Medals
f. Pictures
g. Articles of Earthenware, Stone and Porcelain
h. Manuscripts, Books and Bindings
i. Furniture and Upholstery
j. Weapons
k. Miscellaneous
XV. ARSON :
1. General Considerations
2. Quasi-Spontaneous Combustion :
i. Through Physical Causes
ii. Through Chemical Causes
3. Spontaneous Combustion Proper :
i. Spontaneous Combustion in Hay
ii. Cotton Fires
iii. Other Combustible Materials
4. Ignition Point and Flash Point-Appendix
XVI. ROAD ACCIDENTS
XVII. THE CRIMINAL RECORD OFFICE :
1. Records of Criminals
2. Prisoner's Property Index
3. Crime Index
4. Property Index
5. Stolen Motor-Vehicle Index
6. Publications
XVIII. INTERNATIONAL CRIME : INTERPOL
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.
Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
RECOMMENDED COMBOS FOR TEXTBOOK ON ARBITRATION & CONCILIATION WITH ALTERNATIVE DISPUTE RESOLUTION, 2E (ENGLISH) (PAPERBACK)
11th Edition helps you apply criminal law's enduring foundations and principles
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Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
- The definitive account of international law which provides an authoritative and comprehensive survey of the subject
- Detailed references throughout encourage further reading on the part of the student at either an undergraduate or postgraduate level
- High level of analysis combined with stimulating and engaging writing style: challenges students to approach the text critically and develop analytical skills without overwhelming them
