Law

As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.

As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.

This study, by one of Germany's most prominent scholars of legal history, examines a period crucial for the history of constitutionalism in this century after the collapse of the Holy Roman Empire of the German Nation in 1806. This was the era of the Congress of Vienna, of the Restoration and the constitutionalist movement, of the Revolution of 1848 and the foundation of the German Empire by Bismarck. All these developments had profound repercussions on the social and constitutional structures of central European society; they invalidated the basic principles of the previous legal system and paved the way for the changes and controversies involved in the formation of a notion of the state and public law in the nineteenth century.

But the history of public law is also marked by continuities, by long-term shits in feudal and criminal law related to the social and political conditions of the period. Integrating intellectual with political history, this book explores the constitutional movements in the literature and scholarship of public law leading to the foundation of the German Confederation, the rise of administrative law with the "German Revolution" of 1848, and the parallels between, and increased separation of, private and public spheres in the epoch of positivism that depoliticized the scholarly investigation of public law and led to the call for the purely legal construction of constitutional law that we have today.

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.

The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative,underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.

Some of the most pressing questions in immigration law and policy today concern the problem of immigration controls. How are immigration laws administered, and how are they enforced against those who enter and remain in a receiving country without legal permission? Comparing the United States and Germany, two of the four extended essays in this volume concern enforcement; the other two address techniques for managing high-volume asylum systems in both countries.

The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative,underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.

Marshalling her experience as an expert witness in court proceedings on non-consensual, confidential adoption in Israel, Mass describes legal proceedings following the Israeli state petition that declares children eligible for adoption because of alleged parental incapability, and explores the politics of state intervention in the parent/child relationship. The selected case studies present the testimonies of the children, the parents, the designated adoptive parents, and the state’s representatives, as well as the author’s own testimony.