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The US adopted a new welfare regime in 1996. The centerpiece of this legislation is a notion of personal responsibility that redefines the relation between individuals & the state. I use this law as a foil to outline a new paradigm of legal research. We must understand welfare, I argue, as part of a self-referential legal system. Law is legitimated by particular kinds of fair, democratic political agreement. When material inequalities undermine political participation, however the law must insure the bases of its own legitimacy through welfare. Welfare law is thus vital to a nation's legal system as a whole. Seen from this perspective, the current American welfare system fails to fulfill the basic presuppositions of legal legitimacy. 36 References. Adapted from the source document.

This article examines and critiques the engagement of liberal international law with liberal internationalism in international relations (IR), demonstrating that the results are not to the credit of either discipline. In particular, two key assumptions of the legal liberal international order are flawed. First, the attempt to establish a two-tiered international liberal order based on law and democracy results in intervention (both forceful and performative) that counterproductively embroils liberal states, generating resentment and counter-democratic movements. Second, the assumption that security in a globalising world can only be created by the total globalisation of the liberal order and the removal of 'outlaw' states creates a new version of the security dilemma in which the actions taken to secure the liberal world order create the very conditions of its insecurity. The article concludes with recommendations for a critical post-structuralist engagement with a post-liberal politics of virtu that paradoxically allows for the liberal identity to be better secured in its international relations with the other. Adapted from the source document.

Preliminary Material -- Debating Law, Justice and Constitutionalism /Richard W. Kaeuper -- The Anglo-Saxon Origins of English Constitutionalism /James Campbell -- Orality and Literacy in the Age of the Angevin Law Reforms /Paul Hyams -- Between England and France: A Cross-Channel Legal Culture in the Late Thirteenth Century /Thomas J. McSweeney -- The Development of Written Custom in England and in France: A Comparative Perspective /Ada-Maria Kuskowski -- Success and Failure of the Medieval Constitution in 1341 /Scott Waugh -- Parliamentary Scrutiny of Royal Ministers and Courtiers in Fourteenth-Century England: The Disgrace of Sir John atte Lee (1368) /W. Mark Ormrod -- The Altered Perspective of Thomas Walsingham's Symbol of Normandy /Christopher Guyol -- Centre and Locality: Perceptions of the Assize Justices in Late Medieval England /Anthony Musson -- The Common Voice in Theory and Practice in Late Fourteenth Century England /Andrew Galloway -- Landscape and the Identity of the Realm /Lynn Staley -- The People, Politics and the Constitution in the Fifteenth Century /Anthony Pollard -- Law, Justice, and Governance: New Views on Medieval Constitutionalism /G.W. Bernard -- Index.

The paper focuses on the analysis of the problem of defining the crime of aggression in the international law and international relations, focusing primarily on the historical development of the term from its initial directed efforts, all the way to its modern outcomes. Observing in a historical manner, the establishment of the definition of the crime of aggression, as well as its aligning under criminal offenses has encountered several obstacles which resulted in a continuous delay of clear defining what exactly would the crime of aggression encompass. In order to fully understand the matter, the importance of several international documents is undeniable, especially the Charter of the United Nations as well as the Rome Statute of the International Criminal Court.

AbstractWhat is the position of non-state armed groups in public international law, a system conceived for and by states? This article considers the question, mainly in the light of jus ad bellum and jus in bello. It shows that, while armed groups essentially trigger the application of jus ad bellum, they are not themselves endowed with a right to peace. Jus in bello confers rights and obligations on armed groups, but in the context of an unequal relationship with the state. This inequality before the law is strikingly illustrated by the regulation of detention practised by armed groups in non-international armed conflicts. Despite the significant role that they play in modern-day conflicts, armed groups constitute an 'anomaly' in a legal system that continues to be state-centric.

"This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU's governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and 'future trajectory' of the European integration project. These issues are explored first, by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning. The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped--and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power 'technologies of participation' and contribute important supplementary knowledge to decision-making."--Bloomsbury Publishing

Over the past few years, developments in the science of precise editing of human genomes using CRISPR-Cas9 have led many countries that lack specific laws in this area, such as South Africa (SA), to contemplate legal reform. Thaldar et al. recently published five principles to guide legal reform in SA on heritable genome editing. In a similar vein, concerns about the global impact of human germline genome editing have led to calls for a global regulatory mechanism. This is what the World Health Organization has tried to achieve with the recently published 'Draft governance framework for human genome editing'. In this article, we compare the policies proposed by the draft framework to the current SA legal position, as well as the five guiding principles. The article concludes that SA law is in need of reform in order to meet the global standards that the draft framework seems to be moving towards.

This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs.

August 7, 2017, was Donald Trump's 201st day as President of the United States. Eric Biber and Dan Farber marked the occasion with an analysis looking back at the Trump Administration's impact on environmental law in the United States during its first 200 days and exploring the most likely future developments that we may see in the remaining years of its term. Approaching its subject primarily by channels of government decision-making – legislation, budget, enforcement, executive orders, and state and local action – 200 Days & Counting reviews the Administration's environmental proposals and offers a prognosis of what may come next. Acknowledging that there is still significant uncertainty regarding the ultimate impact of the Administration's environmental policies, the authors conclude that major statutory revisions are unlikely; significant regulatory rollbacks will be slow; federal agency and research budgets may be substantially reduced; and enforcement of existing laws will likely be relaxed. A combination of legal, procedural, and political constraints will hamper the Administration's efforts, slow them down, and in some cases block them. Nevertheless, the damage is likely to be substantial.

"The Judiciary and the Rule of Law in Africa" published on by Oxford University Press.