Download or read book The Doctrine of Consistent Interpretation Managing Legal Uncertainty written by Gerrit Betlem and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article reviews ECJ case law on the conceptualization and legal circumscription of the doctrine of consistent interpretation, reflecting its fundamental importance as a mode of giving effect to Community law before national authorities. Legal uncertainty, an inherent characteristic of the technique, should be reduced, it is argued, by improving the reasoning of the ECJ's judgments. In particular, a highly critical discussion of the Arcaro judgment concludes that its precedent value is very limited. A parallelism in approach to both consistent interpretation and direct effect is suggested. Partly, this has already been achieved insofar as the issue of expiry of the transposition period of directives is concerned. In addition, the article suggests a reform of the case law on consistent interpretation in actions by the State versus individuals and offers explanations for the seemingly inconsistent nature of the cases producing a horizontal impact of directives despite the lack of horizontal direct effect properly so-called (incidental effects). In considering whether the doctrine gives rise to unacceptable legal uncertainty, a comparison with the interpretive obligation under the UK Human Rights Act 1998 is made, which produces similar results.
Download or read book Managing Legal Uncertainty written by Ronen Shamir and published by . This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.
Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Precedent and Statute written by Orlin Yalnazov and published by Springer. This book was released on 2018-11-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2018-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Download or read book VUCA and the Legal Environment of Business written by Robert C. Bird and published by . This book was released on 2018 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal environment is a significant source of disruption for business. With this disruption also comes the opportunity for innovation by firms willing to understand how legal systems function. This manuscript shows how firms can respond to legal volatility, uncertainty, complexity, and ambiguity (VUCA) in order to capture value and manage risk. Firms can manage legal volatility by developing an agile organization that is able to exploit new regulatory opportunities before competitors. Firms can overcome legal uncertainty by harmonizing legal and business functions and embracing lawyers as a source of value. Effective management of legal complexity eliminates unnecessary confusion and optimizes the diffusion of legal knowledge so firms can respond better to legal challenges. Firms can thrive in legally ambiguous environments by careful experimentation and developing a learning organization. Law remains one of the last great sources of untapped competitive advantage, and managing legal VUCA successfully can keep a firm ahead of its rivals and promote innovation in the organization.
Download or read book Small and Medium Enterprises Law and Business written by Jan Winczorek and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies"--
Download or read book Legal Uncertainty and the Influence of Lawyers Within Hospitals written by Russell H. Miller and published by . This book was released on 1984 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uncertainty Management in Reference Interactions with Pro Se Law Library Users written by Paul D. Healey and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study applies uncertainty management theory to reference interactions between law librarians and pro se library users. Focus groups were conducted with law librarians to obtain data. The results showed that law librarians assisting pro se library users experienced uncertainty in multiple and complex forms, arising both from interacting with users and from institutional and legal requirements; that they appraised uncertainty for its meaning; managed their own uncertainties through various techniques; dealt with challenges to managing their uncertainty; and attempted to influence the uncertainty of pro se library users. The results also highlighted a significant gap between standard reference interaction practices and theory and the realities experienced in reference interactions with pro se library users.
Download or read book Managing Uncertainty in Mental Health Care written by José Silveira and published by Oxford University Press. This book was released on 2021 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The degree of complexity of the brain, mind and the environments in which humans live, would predict that mental health clinicians work in a perpetual state of uncertainty. That prediction would be wrong. To the contrary, in clinical practice our brains exhibit the same pedestrian bias towards irrational certainty. 1-5 Given the degree of complexity in the field of mental health, it is remarkable that we clinicians can assist anyone at all. Our professional training ratifies the scientific method in an attempt to protect us and those we treat from unwarranted certainty. Current training, however, appears to be inadequate to this task. The assessment and management of mental disorders, across specialists and non-specialists alike, is associated with ubiquitous feelings of certainty. Feeling certain despite the degree of inherent complexity and ambiguity. Feeling certain despite the rudimentary state of empirical knowledge. Feeling certain despite the absence of technologically objective methods to assist assessment or evaluate treatment results"--
Download or read book Uncertainty in International Law written by Jörg Kammerhofer and published by Routledge. This book was released on 2010-07-12 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Download or read book Managing Uncertainty Mitigating Risk written by Nick Firoozye and published by Springer. This book was released on 2016-04-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing Uncertainty, Mitigating Risk proposes that financial risk management broaden its approach, maintaining quantification where possible, but incorporating uncertainty. The author shows that by using broad quantification techniques, and using reason as the guiding principle, practitioners can see a more holistic and complete picture.
Download or read book The Politics of Uncertainty written by Ian Scoones and published by Routledge. This book was released on 2020-07-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is uncertainty so important to politics today? To explore the underlying reasons, issues and challenges, this book’s chapters address finance and banking, insurance, technology regulation and critical infrastructures, as well as climate change, infectious disease responses, natural disasters, migration, crime and security and spirituality and religion. The book argues that uncertainties must be understood as complex constructions of knowledge, materiality, experience, embodiment and practice. Examining in particular how uncertainties are experienced in contexts of marginalisation and precarity, this book shows how sustainability and development are not just technical issues, but depend deeply on political values and choices. What burgeoning uncertainties require lies less in escalating efforts at control, but more in a new – more collective, mutualistic and convivial – politics of responsibility and care. If hopes of much-needed progressive transformation are to be realised, then currently blinkered understandings of uncertainty need to be met with renewed democratic struggle. Written in an accessible style and illustrated by multiple case studies from across the world, this book will appeal to a wide cross-disciplinary audience in fields ranging from economics to law to science studies to sociology to anthropology and geography, as well as professionals working in risk management, disaster risk reduction, emergencies and wider public policy fields.
Download or read book Dealing with Uncertainties in Policing Serious Crime written by Gabriele Bammer and published by ANU E Press. This book was released on 2010-05-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grappling with uncertainties is at the heart of investigating serious crime. At a time when such crime is becoming more complex and resources are increasingly stretched, this book draws together research and practice perspectives to review fruitful approaches to uncertainties and to chart the way forward. Scene setting chapters describe the consequences of globalisation and the spread of sophisticated information technologies (Sue Wilkinson), as well as advances in understanding and managing uncertainty (Michael Smithson). Ways of enhancing responses from statistics (Robyn Attewell), risk analysis (Richard Jarrett and Mark Westcott) and the psychology of decision making (Mark Kebbell, Damon Muller and Kirsty Martin) follow. These are complemented by insights from law (the Hon. Tim Carmody SC), politics (the Hon. Carmen Lawrence) and business (Neil Fargher), which all have significant intersections with policing. Synthesis is provided by the four final chapters which present the outlooks of the investigating officer and investigation manager (Peter Martin), the provider of policing higher education (Tracey Green and Greg Linsdell), the capacity-building consultant (Steve Longford), and the leader of a law enforcement agency (Alastair Milroy).
