Download or read book Massimario penale del volume IV della cassazione unica written by Enrico Pessina and published by . This book was released on 1894 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Download or read book Banking Supervision and Criminal Investigation written by Giulia Lasagni and published by Springer Nature. This book was released on 2019-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.
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 Aspects of Violence written by W. Schinkel and published by Springer. This book was released on 2010-02-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.
Download or read book Juridification of Social Spheres written by Gunther Teubner and published by Walter de Gruyter. This book was released on 2012-12-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Appointing Judges in an Age of Judicial Power written by Peter H. Russell and published by University of Toronto Press. This book was released on 2006-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Download or read book The European Court of Human Rights Between Law and Politics written by Jonas Christoffersen and published by Oxford University Press. This book was released on 2011-06-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Download or read book The Ecology of Law written by Fritjof Capra and published by Berrett-Koehler Publishers. This book was released on 2015-10-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly
Download or read book Constitutionalism and Rights written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Download or read book A Europe of Rights written by Helen Keller and published by OUP Oxford. This book was released on 2008-07-31 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.
Download or read book The Worlds of European Constitutionalism written by Gráinne de Búrca and published by Cambridge University Press. This book was released on 2011-10-13 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, both in the EU's internal and its external relations. The book culminates in an interactive epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.
Download or read book General Principles of Law The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Download or read book Ren Girard s Mimetic Theory written by Wolfgang Palaver and published by MSU Press. This book was released on 2013-01-01 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic introduction into the mimetic theory of the French-American literary theorist and philosophical anthropologist René Girard, this essential text explains its three main pillars (mimetic desire, the scapegoat mechanism, and the Biblical “difference”) with the help of examples from literature and philosophy. This book also offers an overview of René Girard’s life and work, showing how much mimetic theory results from existential and spiritual insights into one’s own mimetic entanglements. Furthermore it examines the broader implications of Girard’s theories, from the mimetic aspect of sovereignty and wars to the relationship between the scapegoat mechanism and the question of capital punishment. Mimetic theory is placed within the context of current cultural and political debates like the relationship between religion and modernity, terrorism, the death penalty, and gender issues. Drawing textual examples from European literature (Cervantes, Shakespeare, Goethe, Kleist, Stendhal, Storm, Flaubert, Dostoevsky, Proust) and philosophy (Plato, Camus, Sartre, Lévi-Strauss, Derrida, Vattimo), Palaver uses mimetic theory to explore the themes they present. A highly accessible book, this text is complemented by bibliographical references to Girard’s widespread work and secondary literature on mimetic theory and its applications, comprising a valuable bibliographical archive that provides the reader with an overview of the development and discussion of mimetic theory until the present day.
Download or read book Business and Society written by Keith Davis and published by McGraw-Hill Companies. This book was released on 1975 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook on the sociological aspects of business in the USA, with particular reference to the social role of the enterprise in modern society - covers such issues as pollution control, social responsibility, alienation and community relations, etc., and includes case studies. References.
