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What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers.

Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society.

The adoption of the 2007 Indonesian Law No. 40 has created significant debate over the nature of Corporate Social Responsibility (CSR), namely, whether it is voluntary or mandatory. On the one hand, the adoption of such a law represents a legal recognition of the existence of CSR, and this clarification on the legal nature of a concept is necessary for understanding the obligation and responsibility. On the other hand, it has created much confusion surrounding its substance and procedures. This article tries to analyze the development and consequences of CSR under 2007 Indonesian Law No. 40, through the discussion of mandatory versus voluntary dichotomy. It is argued in this article that the mandatory nature of CSR is legitimate and therefore encouraged; however, in practice, this is problematic, as it not only requires a precise concept of interpretation of CSR and identification of the duty bearer and beneficiaries, but also an effective implementation mechanism and a means of verifying the impact.

When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. While accepting that foundational issues of religions weigh heavier than political philosophy's aspirations, the authors question the outdated suggestions of Carl Schmitt's political theology, building instead upon a refined version of Giorgio Agamben's close-reading of Christian government as management. The book identifies Western-Christian tensions within jurisprudence and concludes that the West's secular universality is passing off as politics or law what is really the management of its own dwindling primacy.

Samuel Taylor Coleridge is best known as a great poet and literary theorist, but for one, quite short, period of his life he held real political power — acting as Public Secretary to the British Civil Commissioner in Malta in 1805. This was a formative experience for Coleridge which he later identified as being one of the most instructive in his entire life. In this book, Barry Hough and Howard Davis show how Coleridge's actions whilst in a position of power differ markedly from the idealism he had advocated before taking office — shedding new light on Coleridge's sense of political and legal morality. Meticulously researched and including newly discovered archival materials, Coleridge's Laws provides detailed analysis of the laws and public notices drafted by Coleridge, together with the first published translations of them. Drawing from a wealth of primary sources, Hough and Davis identify the political challenges facing Coleridge and reveal that, in attempting to win over the Maltese public to support Britain's strategic interests, Coleridge was complicit in acts of government which were both inconsistent with the rule of law and contrary to his professed beliefs. Coleridge's willingness to overlook accepted legal processes and personal misgivings for political expediency is disturbing and, as explained by Michael John Kooy in his extensive introduction, necessarily alters our understanding of the author and his writing. Coleridge's Laws contributes in new ways to the current debates about Coleridge's achievements, British colonialism and its engagement with the rule of law, nationhood and the effectiveness of the British administration of Malta. It provides essential reading for anybody interested in Coleridge specifically and the Romantics more generally, for political and legal historians and for students of colonial government.

This study examines the harmonization of criminal law with societal socio-cultural aspects, elucidating the pursuit of substantive justice at normative and theoretical levels. Achieving concordance between legal norms and community culture necessitates comprehensive law reform - an imperative alternative, particularly for nations with legal histories shaped by foreign legal traditions. Focusing on the evolution of Indonesian criminal law post the enactment of the New Criminal Code, this research unveils fundamental shifts in values, norms, and paradigms. The transition from colonial legal substance to a modern, authentic framework is evident in articles implicitly prioritizing substantive justice, aligning with Indonesia's philosophy and socio-cultural values. Over time, Indonesia has phased out colonial law, integrating living law into the national legal fabric. The paradigmatic shift, aimed at infusing Indonesian law with a distinctive national character, presents conditions, advantages fostering substantive justice, and challenges in formulation and implementation. Despite complexities, the 63-year process of drafting the New Criminal Code has yielded profound results, enhancing the legal system. This transformative journey signifies a deliberate departure from colonial legal paradigms, embracing a framework resonating with Indonesian values. The shift underscores Indonesia's commitment to substantive justice and resilience in overcoming challenges tied to legal reforms. The journal article, 'GENUINE PARADIGM OF CRIMINAL JUSTICE: RETHINKING PENAL REFORM WITHIN INDONESIA NEW CRIMINAL CODE', holds vital public interest. As Indonesia undergoes substantial legal changes, this research explores the potential impact of the new criminal code on individual rights and the justice system. This work serves legal scholars, practitioners, and the general public alike. It advocates for transparency, fairness, and human rights in the criminal justice system, fostering informed discussions among policymakers, legal experts, and society at large. The article's relevance extends beyond Indonesia; it contributes to the global dialogue on penal reform and human rights. By examining the Indonesian context, it offers insights that can benefit nations grappling with similar justice system challenges. In an era of evolving legal systems worldwide, this article plays a crucial role in promoting informed discourse and shaping the future of criminal justice in Indonesia and beyond.

This book offers a critical appraisal of the international legal idea of the 'Responsibility to Protect'. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the \"international community\" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of \"irresponsibility\". This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging \"the sites of irresponsibility\" of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.