Taking a global approach, this insightful Handbook brings together leading researchers to provide a comprehensive overview of the state-of-the-art in railway regulation with a particular focus on countries that rely heavily on railways for transportation links. The Handbook also considers the most pressing issues for those working in and with railway systems, and outlines future trends in the development of rail globally.
This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.
No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900) At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions-the railroad and American law-had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike-situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.
