yifei 专供：外文法律书籍系列（请勿回帖）

lawman7261

[quote]引用第476楼yifei于2008-08-02 05:10发表的

sysiphus

同意上楼的看法！当然，如果上传麻烦的话，可以把前面一位外文书籍无私共享朋友已经发的书籍目录拷下来，发的时候搜索一下，是否重复。
  当然，无论如何，是否重复，下载者自己辨认一下，很简单哦。

bluefan

多谢yifei君的分享，敬意！

fufa3310

非常感谢yifei与brianleeeee兄弟长期提供外文法律书籍！上传是件很辛苦的事，有时重复在所难免，下载的朋友自己留个意就可以了。坚决支持！

yifei

谢谢楼上各位兄弟!!

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http://ifile.it/jloy1x8/capacit.rar


Assessment of Mental Capacity: Guidance for Doctors and Lawyers
By British Medical Association, The Law Society


  * Publisher:  BMJ Books
  * Number Of Pages:  236
  * Publication Date:  2004-04-16
  * ISBN-10 / ASIN:  0727916718
  * ISBN-13 / EAN:  9780727916716
  * Binding:  Paperback



Product Description:

This guide on assessment of people with some sort of mental impairment is a broad ranging report produced jointly by the British Medical Association and the Law Society. It is an authoritative statement on an important area. Its wide ranging coverage makes it essential reading for these groups. The second edition has been revised throughout to bring it right up to date with present requirements.

yifei

http://ifile.it/5nt38js/employ.rar




Employment and Employee Rights (Foundations of Business Ethics)
By Patricia Werhane, Tara J. Radin, Norman E. Bowie


  * Publisher:  Wiley-Blackwell
  * Number Of Pages:  232
  * Publication Date:  2003-07-07
  * ISBN-10 / ASIN:  0631214283
  * ISBN-13 / EAN:  9780631214281
  * Binding:  Hardcover



Product Description:

Employment and Employee Rights addresses the issue of rights in the workplace. Although much of the literature in this field focuses on employee rights, this volume considers the issue from the perspective of both employees and employers.



  * Considers the rights of both employees and employers.
  * Discusses the moral and legal landscape and traditional assumptions about right in employment.
  * Investigates arguments for guaranteeing rights, particularly for employees, which are derived from relational, developmental, and economic bases.
  * Explores new dimensions of employment including a model that incorporates growing workplace diversity, builds upon our understanding of the legal landscape, and expands upon our justifications for recognizing and protecting rights.

yifei

http://rapidshare.com/files/135164522/0815313446.rar



The Philosophy of Law: An Encyclopedia (Garland Reference Library of the Humanities)
By C. Gray


  * Publisher:  Routledge
  * Number Of Pages:  850
  * Publication Date:  1999-11-01
  * ISBN-10 / ASIN:  0815313446
  * ISBN-13 / EAN:  9780815313441
  * Binding:  Hardcover



Product Description:

For the first time, full coverage of the intersections of philosophy and law
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophicolegal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of:

*The modes of knowing and the kinds of normativity used in the law
*Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications
*Current legal cultures-such as common law and civilian, European, and Aboriginal
*Influential jurisprudents and their biographies
*All influential schools and methods

Coverage of all major historical, cultural, and geographical settings for legal philosophy
A thorough understanding of any legal issue necessitates an acquaintance with its antecedents and its corollaries. Thus, added to the consideration of other current legal cultures outside of North America are treatments of other periods significant to legal thinking, such as the Hellenistic, Sixteenth-century, or Federalist.

Discussion of the practice of legal philosophy today
In every major area where public policy gives rise to philosophical inquiry regarding the law, debates and discussions are covered in full: tort reform, protection of life and death, gay rights, objectives in punishment, non-putative detention, international deterrence, legitimacy of government. And the historical and international dimensions of these issues-how they are resolved in other times and places-are not lost.

Contributions from prominent legal and philosophical scholars from around the world
The international array of more than 300 contributors from over forty countries complements the volume's international scope. With many contributors being forces in the very debates they write of, some fifty percent of them work in the law-as judges, jurists or jurisprudence-and another half are philosophers in the social sciences and humanities. Their work spans the practice that is taken for philosophy of law today.
Special features

*Contributions of more than 300 international scholars from more than 40 countires
*Extensive bibliographies at the end of each entry
*Detailed subject guide for easy access to the main topics covered
*Comprehensive, analytical index

yifei

http://rapidshare.com/files/135159830/0521875110.rar



he Nature of Customary Law: Legal, Historical and Philosophical Perspectives
By Amanda Perreau-Saussine, James B. Murphy


  * Publisher:  Cambridge University Press
  * Number Of Pages:  348
  * Publication Date:  2007-06-18
  * ISBN-10 / ASIN:  0521875110
  * ISBN-13 / EAN:  9780521875110
  * Binding:  Hardcover



Product Description:

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh new insights on this neglected and misunderstood form of law.

yifei

http://rapidshare.com/files/135157282/0521856809.rar



Eye for an Eye
By William Ian Miller


  * Publisher:  Cambridge University Press
  * Number Of Pages:  278
  * Publication Date:  2005-12-19
  * ISBN-10 / ASIN:  0521856809
  * ISBN-13 / EAN:  9780521856805
  * Binding:  Hardcover



Product Description:

Analyzing the law of the talion--an eye for an eye, tooth for a tooth--literally, William Ian Miller presents an original meditation on the concept of "pay back". Miller's unique theory of justice offers redemption via retaliation. It espouses the view that revenge is a highly structured phenomenon that requires a deep commitment to balance in order to get even in a strict but fair manner. As a result, we find that much of what is assumed to be justice, honor and respect is just a way of providing a means of balancing or measuring valuations. Moreover, according to its biblical roots, the law of the talion implies that the value of an eye can only be matched with another eye, suggesting that body parts are to be considered units of valuation. Pursuing this further, the talion seems to require such parts as a preferred means of payment. Thus body parts have a justified claim not only as money, but as the most valued type of payment as well--by uniquely fulfilling the most demanding (and thus most honorable) means of compensation. Applying this concept to the real world, Miller argues that Shylock's pound of flesh wager can be justified circumstantially in The Merchant of Venice and that blood oaths effectively ensure the most lasting bonds of trust over time. He also analyzes other societies and cultures, comparing the ancient and seemingly more primitive with their modern counterparts, by gauging the role of the talion, as a means of maintaining honor within them. Sadly, the ancient and more primitive seem to have functioned more righteously, for the most part, because the execution of violent retaliation was tightly controlled by the talion and accordingly limited its excesses. William Ian Miller is the Thomas G. Long Professor of Law at the University of Michigan Law School. He has also taught at Harvard, Yale, Chicago, and the Universities of Bergen and of Tel Aviv. The recipient of a J.D. and a Ph.D. in English, both from Yale, Professor Miller has written other books including Faking It CUP (2003), The Mystery of Courage (2000) and The Anatomy of Disgust (1967).

yifei

http://rapidshare.com/files/135156877/0521854237.rar



On the History of the Idea of Law
By Shirley Robin Letwin


  * Publisher:  Cambridge University Press
  * Number Of Pages:  362
  * Publication Date:  2005-11-14
  * ISBN-10 / ASIN:  0521854237
  * ISBN-13 / EAN:  9780521854238
  * Binding:  Hardcover



Product Description:

On the History of the Idea of Law traces the development of the philosophical theory of law from its first appearance in Plato's writings to today. Shirley Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes as well as confusion and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H.L.A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence.

yifei

http://rapidshare.com/files/135155942/0521846692.rar



Punishment, Compensation, and Law: A Theory of Enforceability (Cambridge Studies in Philosophy and Law)
By Mark R. Reiff


  * Publisher:  Cambridge University Press
  * Number Of Pages:  272
  * Publication Date:  2005-07-11
  * ISBN-10 / ASIN:  0521846692
  * ISBN-13 / EAN:  9780521846691
  * Binding:  Hardcover



Product Description:

Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

yifei

http://rapidshare.com/files/135141873/0415950791.rar





Nietzsche and Legal Theory: Half-Written Laws (Discourses of Law)
By Peter Goodrich, Mariana Valverde


  * Publisher:  Routledge
  * Number Of Pages:  224
  * Publication Date:  2005-09-29
  * ISBN-10 / ASIN:  0415950805
  * ISBN-13 / EAN:  9780415950800
  * Binding:  Paperback



Product Description:

Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work.

yifei

http://rapidshare.com/files/135118442/0333761545.rar



Hobbes, Realism and the Tradition of International Law
By Charles Covell


  * Publisher:  Palgrave Macmillan
  * Number Of Pages:  240
  * Publication Date:  2004-06-12
  * ISBN-10 / ASIN:  0333761545
  * ISBN-13 / EAN:  9780333761540
  * Binding:  Hardcover



Product Description:

Charles Covell considers the political thought of Thomas Hobbes in relation to the tradition of international law, and with the intention to challenge the reading of Hobbes as the exponent of the realist standpoint in international thought and practice. The relation of Hobbes to international law is explained through attention to the place that he occupies among the modern secular natural law thinkers, such as Grotius, Pufendorf, Wolff and Vattel, who founded the modern system of the law of nations.

yifei

http://rapidshare.com/files/135108208/041504149X.rar



The Practice of Punishment: Towards a Theory of Restorative Justice (Readings in Applied Ethics)
By Wesley Cragg


  * Publisher:  Routledge
  * Number Of Pages:  272
  * Publication Date:  1992-05-21
  * ISBN-10 / ASIN:  041504149X
  * ISBN-13 / EAN:  9780415041492
  * Binding:  Library Binding



Product Description:

In the latter half of the twentieth century, there has been a sharp decline in confidence in sentencing principles, due to a questioning of the efficacy of punishment. It has been very difficult to develop consistent, fair, and humane criteria for evaluating legislative, judicial and correctional advancements. The Practice of Punishment offers a comprehensive study of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built.

The theory of punishment that emerges is built on the view that the central function of the law is to reduce the need to use force in the resolutions of disputes. In this text, Wesley Cragg argues that the proper role of sentencing and sentence administration, as well as policing and adjudication, is to sustain public confidence in the capacity of the law to fulfill that function. Cragg believes that sentencing and corrections should be guided by principles of restorative justice, and he contends that inflicting punishment is in itself not a legitimate objective of criminal law.

The Practice of Punishment is a philosophical account of punishment, sentencing, and correction which draws strongly on first-hand experience of penal practices, diverse recent studies, government reports, position papers, crime surveys, and victim concerns. It will be of special interest to applied ethicists, those concerned with the theory and practice of punishment and policing, and criminal justice scholars and lawyers.

yifei

http://www.filefactory.com/file/bcf113/n/crimeset_rar



Clinical Neuropsychology in the Criminal Forensic Setting
By Robert L. Denney, James P. Sullivan


  * Publisher:  The Guilford Press
  * Number Of Pages:  414
  * Publication Date:  2008-05-28
  * ISBN-10 / ASIN:  1593857217
  * ISBN-13 / EAN:  9781593857219
  * Binding:  Hardcover



Product Description:

Meeting a growing need for practitioners, this unique volume brings together leading experts to present the legal and clinical foundations of neuropsychology practice in criminal forensic cases. Authoritative yet accessible, the book reviews relevant case law and constitutional principles and provides clear-cut guidance for conducting assessments that address specific legal standards and questions, such as competency to confess, competency to proceed, criminal responsibility, and sentencing concerns. With coverage of both adult and juvenile contexts, chapters describe how to work effectively in correctional settings; gather information from multiple sources; detect deception; generate accurate, legally admissible findings; and communicate them successfully in the courtroom.

yifei

http://ifile.it/7h3egp6/surhood.rar




Surrogate Motherhood and the Politics of Reproduction
By Susan Markens


  * Publisher:  University of California Press
  * Number Of Pages:  277
  * Publication Date:  2007-09-04
  * ISBN-10 / ASIN:  0520252047
  * ISBN-13 / EAN:  9780520252042
  * Binding:  Paperback



Product Description:

Susan Markens takes on one of the hottest issues on the fertility front--surrogate motherhood--in a book that illuminates the culture wars that have erupted over new reproductive technologies in the United States. In an innovative analysis of legislative responses to surrogacy in the bellwether states of New York and California, Markens explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of key players, including legislators, women's organizations, religious groups, the media, and others. In a study that finds surprising ideological agreement among those with opposing views of surrogate motherhood, Markens challenges common assumptions about our responses to reproductive technologies and at the same time offers a fascinating picture of how reproductive politics shape social policy.

makeeoe

虽然没有多少钱, 还是支持一下, 道一声你辛苦了,


yifei不要理会那些能不够的人,

yifei

谢谢makeeoe!!

http://rapidshare.com/files/1352 ... sibilityJustice.rar



Deconstruction and the Possibility of Justice
By D. Cornell


  * Publisher:  Routledge
  * Number Of Pages:  420
  * Publication Date:  1992-10-08
  * ISBN-10 / ASIN:  0415903041
  * ISBN-13 / EAN:  9780415903042
  * Binding:  Paperback



Product Description:

The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.

yifei

http://ifile.it/vljqpef/ebc_againstip.rar

http://rapidshare.com/files/1355 ... l_Property.pdf.html




Against Intellectual Property
By Stephan N Kinsella


  * Publisher:  Ludwig von Mises Institute
  * Number Of Pages:
  * Publication Date:  2008
  * ISBN-10 / ASIN:  B001DTHFWS
  * ISBN-13 / EAN:
  * Binding:  Paperback



Product Description:

This monograph is justifiably considered a modern classic. It is by Stephan Kinsella who caused a worldwide rethinking among libertarians of the very basis of intellectual property. Mises had warned against patents, and Rothbard did too. But Kinsella goes much further to argue that the very existence of patents are contrary to a free market, and adds in here copyrights and trademarks too. They all use the state to create artificial scarcities of non-scarce goods and employ coercion in a way that is contrary to property rights and the freedom of contract.

Many people who read this essay for the first time were unprepared for the rigor of his argument, which takes time to settle in simply because it seems so shocking at first. But Kinsella makes his case with powerful logic and examples that are overwhelming in their persuasive power.

The relevance in a digital age can't be overstated. The state works with monopolistic private producers to inhibit innovation and stop the progress of technology, while using coercion against possible competitors and against consumers. Even U.S. foreign policy is profoundly affected by widespread confusions over what is legitimate and merely asserted as property. What Kinsella is calling for instead of this cartelizing system is nothing more or less than a pure free market, which he argues would not generate anything resembling what we call intellectual property today. IP, he argues, is really a state-enforce legal convention, not an extension of real ownership.

Few essays written in the last decades have caused so much fundamental rethinking. It is essential that libertarians get this issue right, and understand the arguments on all sides. Kinsella's piece here is masterful in making a case against IP that turns out to be more rigorous and thorough than any written on the left, right, or anything in between.

Read it and prepare to change your mind.

71 page, paperback, 2008

sonia6949

书都非常好，只是偶这里rapidshare不灵：）5555

谢谢楼主