Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross border Enforcement of Debts in the European Union Default Judgments Summary Judgments and Orders for Payment written by Carla Crifò and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacket.
Download or read book Rule of Law Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Download or read book Human Rights and Emerging Technologies written by Daniele Ruggiu and published by CRC Press. This book was released on 2018-06-26 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the state of current European governance on new and emerging technologies, and where is it going? What is, and what can be, the role of human rights in governance arrangements? These are the main questions that this book answers for both European and non-European scholars. It provides a wide picture of current European governance, notably in biotechnology, nanotechnology and synthetic biology, and discusses the model of Responsible Research and Innovation, which is gaining popularity within the European Union, under a human rights perspective. It shows how human rights can contribute to governance frameworks without posing obstacles to research and innovation. The theory presented in the book is followed by practical guidelines drawn from human rights law. Starting from the Strasbourg Court jurisprudence, it provides a complete review of the wide range of rights that the European Convention on Human Rights protects in light of the challenges of techno-scientific advances. This analysis will come in handy for private actors, policymakers, regulators, as well as judges in solving hard cases raised by techno-scientific progress in the future.
Download or read book The Nothing that is written by and published by Oxford University Press, USA. This book was released on 2000 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the tradition of "Longitude, " a small and engagingly written book on the history and meaning of zero--a "tour de force" of science history that takes us through the hollow circle that leads to infinity. 32 illustrations.
Download or read book Pluralism and Law State nation community civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Download or read book Estudios en homenaje al Doctor H ctor Fix Zamudio en sus treinta a os como investigador de las ciencias jur dicas written by Héctor Fix-Zamudio and published by . This book was released on 1988 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
Download or read book Republicanism Liberty and Commercial Society 1649 1776 written by David Wootton and published by Stanford University Press. This book was released on 1994 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of republicanism in an Anglo-American and European context gives weight not only to the thought of the theorists of republicanism but also to the practical experience of republican governments in England, Geneva, the Netherlands, and Venice.
Download or read book Society and Nature written by Hans Kelsen and published by Routledge. This book was released on 2014-05-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998.This is Volume XIV of eighteen in the Sociology of Behaviour and Psychology series. This text is concerned with sociological inquiry into society and nature. Written in 1946, it investigates the idea that society and nature, if conceived of as two different systems of elements, are the results of two different methods of thinking and are only as such two different objects. The same elements, connected with each other according to the principle of causality, constitute nature; connected with each other according to another, namely, a normative, principle, they constitute society
Download or read book Europe tomorrow written by Mario Ganino and published by Giuffrè. This book was released on 2002 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Tyranny written by Leo Strauss and published by University of Chicago Press. This book was released on 2013-11-15 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Tyranny is Leo Strauss’s classic reading of Xenophon’s dialogue Hiero, or Tyrannicus, in which the tyrant Hiero and the poet Simonides discuss the advantages and disadvantages of exercising tyranny. Included are a translation of the dialogue from its original Greek, a critique of Strauss’s commentary by the French philosopher Alexandre Kojève, and the complete correspondence between the two. This revised and expanded edition introduces important corrections throughout and expands Strauss’s restatement of his position in light of Kojève’s commentary to bring it into conformity with the text as it was originally published in France.
