The Bulletin on Narcotics is a United Nations journal that has been in continuous publication since 1949. It is printed in all six official languages of the United Nations—Arabic, Chinese, English, French, Russian and Spanish. The Bulletin provides information on developments in drug control at the local, national, regional and international levels that can be of benefit to the international community. The present issue of the Bulletin, whose guest editor is Martin Bouchard of Simon Fraser University in Canada, is focused on measurement issues in drug policy analysis. It consists of a selection of papers presented at the Third Annual Conference of the International Society for the Study of Drug Policy, held in Vienna on 2 and 3 March 2009. The United Nations Office on Drugs and Crime wishes to thank Melissa Tullis of the Division for Policy Analysis and Public Affairs and Raggie Johansen of the Studies and Threat Analysis Section for editorial assistance in preparing this issue.

Кл.слова:
наркотична речовина

Abdul-Hakim al-Matroudi, visiting professor at the School of Oriental and African Studies, University of London, specialises in Islamic law, the Islamic Judicial system and Qur’anic Law. He has a specialist interest in Hanbali law and Ibn Taymiyyah. Recently published works include ‘The Hanbalī School of Law in the Light of Contemporary Western Studies’, ‘The Qur'an as a Source of Law: A Reassessment of Ahmad Ibn Hanbal's Use of the Qur'an as a Legal Source’, ‘Ibn Taymiyyah’s Evaluation of Istihsan in the Hanbali School of Law’, ‘Circumstantial Evidence and Legal Stratagems in Surat Yusuf’ and a study, annotation and translation of Ibn Taymiyyah’s treatise ‘Raf ‘ al-malam’

Кл.слова:
право

Several chapters of this book have appeared elsewhere in previous versions. Chapter I contains material from "Hegel and the Crisis of Private Law," which appeared in 10 Cardozo Law Review (1989) and in Drucilla Cornell, Michel Rosenfeld, and David Gray Carlson, eds., Hegel and Legal Theory (New York: Routledge, 1991); Chapter II reworks material published in 4 Canadian Journal of Law and Jurisprudence (1991); Chapter III reworks and expands material published in 43 University of Toronto Law Journal (1993); Chapter V reworks and expands material published in Stephen Shute, John Gardner, and Jeremy Horder, eds., Action and Value in Criminal Law (Oxford: Clarendon Press, 1993); and Chapter VI contains material from "The Ideality of Difference: Toward Objectivity in Legal Interpretation," 11 Cardozo Law Review (1990). I thank the editors and publishers of these volumes for their permission to republish this material.

Кл.слова:
право

The idea for this edited collection arose out of a series of interdisciplinary workshops entitled ‘Gender and Migration in 21st Century Europe’ hosted jointly by the Migration Unit and the Feminist Legal Research Unit at the University of Liverpool between October 2006 and April 2007. The same title is adopted for this collection which draws on the presentations and discussions that took place during the workshops coupled with additional invited contributions from notable scholars in the field. In referring to ‘gender’ the aim is to explore how social, economic, legal, political and cultural processes implied by migration govern and reinforce relations between the sexes – not just between men and women, but between female and male children, and between girls and women. Our interpretation of ‘migration’ is also broad to encompass a range of geographical, economic and personal trajectories into and within Europe as well as the emergence and effectiveness of new regulatory mechanisms to address issues of ‘forced’ migration (notably trafficking), cross-national family breakdown and employment migration in an expanding European Union.

Кл.слова:
права дитини -- кар'єра жінки

On 7 and 8 December 2007, a group of legal theorists got together to celebrate, but also critically discuss, Neil MacCormick’s latest book, arguably his magnum opus, Institutions of Law: An Essay in Legal Theory (MacCormick 2007). This collection is a direct result of that meeting, which was generously sponsored by the Leverhulme Trust, and held at the School of Law, University of Edinburgh. There had been a previous occasion, and also a previous collection (see Bankowski and MacLean 2006), where a chapter of MacCormick’s earlier Rhetoric and the Rule of Law (MacCormick 2005) was discussed, but the publication of this book was clearly an event that merited its own careful attention.

Кл.слова:
юриспруденція -- правосуддя

This book examines the doctrine of transgenerational punishment found in the Decalogue-that is, the idea that God punishes sinners vicariously and extends the punishment due them to three or four generations of their progeny. Though it was "God-given" law, the unfairness of punishing innocent people merely for being the children or grandchildren of wrongdoers was clearly recognized in ancient Israel. A series of inner-biblical and post-biblical responses to the rule demonstrates that later writers were able to criticize, reject, and replace this problematic doctrine with the alternative notion of individual retribution. From this perspective, the formative canon is the source of its own renewal: it fosters critical reflection upon the textual tradition and sponsors intellectual freedom. To support further study, this book includes a valuable bibliographical essay on the distinctive approach of inner-biblical exegesis showing the contributions of European, Israeli, and North American scholars. An earlier version of the volume appeared in French as L′Herméneutique de l′innovation: Canon et exégèse dans l′Israël biblique. This new Cambridge release represents a major revision and expansion of the French edition, nearly doubling its length with extensive new content. Legal Revision and Religious Renewal in Ancient Israel opens new perspectives on current debates within the humanities about canonicity, textual authority, and authorship. Bernard M. Levinson holds the Berman Family Chair of Jewish Studies and Hebrew Bible at the University of Minnesota. His research focuses on biblical and cuneiform law, textual reinterpretation in the Second Temple period, and the relation of the Bible to Western intellectual history. His book Deuteronomy and the Hermeneutics of Legal Innovation (1997) won the 1999 Salo W. Baron Award for Best First Book in Literature and Thought from the American Academy for Jewish Research. He is also the author of "The Right Chorale" : Studies in Biblical Law and Interpretation (2008), and editor or coeditor of four volumes, most recently, The Pentateuch as Torah: New Models for Understanding Its Promulgation and Acceptance (2007). The interdisciplinary significance of his work has been recognized with appointments to the Institute for Advanced Study (1997); the Wissenschaftskolleg zu Berlin/Berlin Institute for Advanced Study (2007); and, most recently, the National Humanities Center, where he will serve as the Henry Luce Senior Fellow in Religious Studies for the 2010-2011 academic year.

Кл.слова:
історія -- закон -- релігія

The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.

Кл.слова:
теорія суспільства -- теорія права -- правопорушення -- конституціоналізму

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.

Кл.слова:
судова система -- судовий процес

A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Кл.слова:
право

How has the United Nations dealt with the question of terrorism before and after September 11? What does it mean that the UN itself has become a target of terrorism? Terrorism and the UN analyzes how the UN's role in dealing with terrorism has been shaped over the years by the international system, and how events such as September 11 and the American intervention in Iraq have reoriented its approach to terrorism. The first half of the book addresses the international context. Chapters in this part consider the impact of September 11 on the UN's concern for the rights and security of states relative to those of individuals, as well as the changing attitudes of various Western powers toward multilateral vs. unilateral approaches to international problems. The second half of the book focuses more closely on the UN, its values, mechanisms, and history and its future role in preventing and reacting to terrorism. The Security Council's position on and reactions to terrorist activities are contrasted with the General Assembly's approach to these issues. What role the UN might play in suppressing the political economy of terrorism is considered. A concluding chapter looks at broader, more proactive strategies for addressing the root causes of terrorism, with an emphasis on social justice as a key to conflict prevention, a primary concern of the UN, particularly the General Assembly, before September 11. Contributors are Jane Boulden, Chantal de Jonge Oudraat (Georgetown University), Edward C. Luck (Columbia University), S. Neil MacFarlane (University of Oxford), Rama Mani (Geneva Centre for Security Policy), M. J. Peterson (University of Massachusetts, Amherst), Nico Schrijver (Vrije Universiteit, Amsterdam), Mónica Serrano (Colegio de México and University of Oxford), Thierry Tardy (Geneva Centre for Security Policy), Karin von Hippel (King's College, London), and Thomas G. Weiss.

Кл.слова:
ООН -- тероризм

Acclaim for the first edition: Backhaus s book is a good companion. Pablo Salvador Coderch, Indret A most valuable collection of papers serving to provide the reader both with an overview of some key areas in law and economics and with a biographical introduction to the work of some important, if also neglected, sources of scholarship in the discipline. Anthony I. Ogus, CBE, University of Manchester, UK This thoroughly updated and revised edition of a popular and authoritative reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. The Companion features accessible, informative and provocative entries on all the significant issues, and breaks new ground by bringing together widely dispersed yet theoretically congruent ideas. Following a comprehensive introduction by the editor, the renowned contributors look in detail at several critical areas including: fundamentals of the law and economics approach private law and economics public law and economics labour law and economics regulation, taxation and public enterprise dispute resolution different sources of the law economic analysis of a legal problem classical authors in law and economics. Students and scholars interested in a comprehensive and rigorous overview of the field of law and economics will find this volume to be a unique and welcome resource. The Companion will also have a broad appeal amongst industrial economists and historians of economic thought.

Кл.слова:
приватне право -- публічне право -- трудове право

The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Кл.слова:
правова система -- юриспруденція

With the WTO TRIPS Agreement, intellectual property issues have become an integral part of the world trading system. The Agreement probably represents the most significant and controversial development in world trade law. The Agreement is comprehensive in scope and contains standards for protection of a number of intellectual property rights as well as rules on the enforcement of such rights. Furthermore it closely links to the well-established traditional international system of the protection of intellectual property rights - the World Intellectual Properly Organization and related agreements, in particular the Paris and Berne Convention and the Madrid Agreement. This commentary covers the entire TRIPS Agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments, such as the ones mentioned above and, for instance the European Patent Convention. The volume is based on a close cooperation between the Intellectual Property Law Centre of the University of Dusseldorf and the Gottingen Institute for International Law and European Law, which aims at bringing together expertise in intellectual property law and general international law and trade law. It is designed to meet the needs both of the WTO and the intellectual property community.

Кл.слова:
право

Книга профессора Оксфордского университета посвящена одной из важнейших проблем английского права-доктрине судебного прецедента. В ней анализируются понятие прецедента, структура судебного решения, соотношение между прецедентом и другими источниками английского права, роль доктрины прецедента при истолковании законов. В работе проводится сравнение систем судебного прецедента Англии, Шотландии, США, Франции и др. Для научных работников, преподавателей, аспирантов и студентов юридических вузов.

Кл.слова:
прецедент судовий