Over much of Africa, crime and insurgency are a serious problem and one in which the distinction between the two is being eroded. Left without state protection people have sought to preserve their lives and property through vigilante groups and militias that pay scant attention to the law or human rights. Likewise, the state security forces, under pressure to cut crime and rebel activity, readily discard lawful procedures. Torture provides them with vital information, whilst extra-judicial executions save the need to go through the prolonged criminal justice system. After a general overview of the role of the rule of law in a democratic society, Bruce Baker provides five case studies that capture the current complex realities and their impact on the new democracies. The citizen responses considered are vigilantes in East African pastoral economies, The Bakassi Boys an anti-crime group in Nigeria and private policing initiatives in South Africa. The state responses are those of the Ugandan Defence Forces towards the Lords Resistance Army, the Senegalese army towards the Casamance secessionists and the Mozambique Police response towards criminals.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.

Border security and illegal immigration along the U.S.–Mexico border are hotly debated issues in contemporary society. The emergence of civilian vigilante groups, such as the Minutemen, at the border is the most recent social phenomenon to contribute new controversy to the discussion. The Law Into Their Own Hands looks at the contemporary nativist, anti-immigrant movement in the United States today. Doty examines the social and political contexts that have enabled these civilian groups to flourish and gain legitimacy amongst policy makers and the public. The sentiments underlying the vigilante movement both draw upon and are channeled through a diverse range of organizations whose messages are often reinforced by the media. Taking action when they believe official policy is lacking, groups ranging from elements of the religious right to anti-immigrant groups to white supremacists have created a social movement. Doty seeks to alert us to the consequences related to this growing movement and to the restructuring of our society. She maintains that with immigrants being considered as enemies and denied basic human rights, it is irresponsible of both citizens and policy makers to treat this complicated issue as a simple black or white reality. In this solid and theoretically grounded look at contemporary, post-9/11 border vigilantism, the author observes the dangerous and unproductive manner in which private citizens seek to draw firm and uncompromising lines between who is worthy of inclusion in our society and who is not.

A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.

Training in rhetoric - the art of persuasion - formed the basis of education in the Roman Empire. The classical intellectual world centered around the debate between philosophers, who boasted knowledge of objective reality, and sophists, who could debate both sides of any issue and who attracted large audiences and paying students. The roles of the Talmudic rabbis as public orators, teachers, and jurists, parallel that of Roman orators. Rabbinic literature adopted and adapted various aspects of the classical rhetorical tradition, as is demonstrated in the Talmudic penchant for arguing both sides of hypothetical cases, the midrashic hermeneutical methods, and the structure of synagogue sermons. At the same time, the rabbis also resisted the extreme epistemological relativism of rhetoric as is evident in their restraint on theoretical argumentation, their depiction of rabbinic and divine court procedure, and their commitment to the biblical prophetic tradition. Richard Hidary demonstrates how rabbis succeeded in navigating a novel path between platonic truth and rhetorical relativism.