Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.
Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.
Download or read book Risk Regulation at Risk written by Sidney Shapiro and published by Stanford University Press. This book was released on 2002-09-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Download or read book A Conflict of laws Anthology written by Gene R. Shreve and published by Anderson Publishing Company (OH). This book was released on 1997 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pragmatic Superpower Winning the Cold War in the Middle East written by Ray Takeyh and published by W. W. Norton & Company. This book was released on 2016-04-18 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold reexamination of U.S. influence in the Middle East during the Cold War. The Arab Spring, Iran’s nuclear ambitions, the Iraq war, and the Syrian civil war—these contemporary conflicts have deep roots in the Middle East’s postwar emergence from colonialism. In The Pragmatic Superpower, foreign policy experts Ray Takeyh and Steven Simon reframe the legacy of U.S. involvement in the Arab world from 1945 to 1991 and shed new light on the makings of the contemporary Middle East. Cutting against conventional wisdom, the authors argue that, when an inexperienced Washington entered the turbulent world of Middle Eastern politics, it succeeded through hardheaded pragmatism—and secured its place as a global superpower. Eyes ever on its global conflict with the Soviet Union, America shrewdly navigated the rise of Arab nationalism, the founding of Israel, and seminal conflicts including the Suez War and the Iranian revolution. Takeyh and Simon reveal that America’s objectives in the region were often uncomplicated but hardly modest. Washington deployed adroit diplomacy to prevent Soviet infiltration of the region, preserve access to its considerable petroleum resources, and resolve the conflict between a Jewish homeland and the Arab states that opposed it. The Pragmatic Superpower provides fascinating insight into Washington’s maneuvers in a contest for global power and offers a unique reassessment of America’s cold war policies in a critical region of the world. Amid the chaotic conditions of the twenty-first century, Takeyh and Simon argue that there is an urgent need to look back to a period when the United States got it right. Only then will we better understand the challenges we face today.
Download or read book Conflict of Laws in the People s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book The Legal and Ethical Environment of Business written by Terence Lau and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal and Ethical Environment of Business is a concise presentation of the key business-law topics that ensures every page is relevant, engaging, and interesting to today's learners. Summaries of cases and case excerpts improve student understanding. Plentiful embedded video links expand on topics to shed light on how law and ethics impact real-world business situations. This book encourages students to retain what they learn by understanding the reasons behind the law, rather than simply memorizing facts and cases.
Download or read book Environmental Pragmatism written by Andrew Light and published by Psychology Press. This book was released on 1996 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental pragmatism is a new strategy in environmental thought. It argues that theoretical debates are hindering the ability of the environmental movement to forge agreement on basic policy imperatives. This new direction in environmental thought moves beyond theory, advocating a serious inquiry into the merits of moral pluralism. Environmental pragmatism, as a coherent philosophical position, connects the methodology of classical American pragmatic thought to the explanation, solution and discussion of real issues. This concise, well-focused collection is the first comprehensive presentation of environmental pragmatism as a new philosophical approach to environmental thought and policy.
Download or read book From Theory to Practice in Private International Law written by Justin Borg-Barthet and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Download or read book Law Society Journal written by and published by . This book was released on 2002 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Laws written by Plato and published by DigiCat. This book was released on 2022-05-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Download or read book Law Pragmatism and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Democracy After Virtue written by Sungmoon Kim and published by Oxford University Press. This book was released on 2018 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Confucianism compatible with democracy? In this book, Sungmoon Kim lays out a normative theory of Confucian democracy--pragmatic Confucian democracy--to address questions of the right to political participation, instrumental and intrinsic values of democracy, democratic procedure and substance, punishment and criminal justice, social and economic justice, and humanitarian intervention. Kim shows us that the question is not so much about the compatibility of Confucianism and democracy, but of how the two systems can benefit from each other.
