Download or read book Fundamental Rights in European Contract Law written by Chantal Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

Download or read book The Theory of Capitalism in the German Economic Tradition written by Peter Koslowski and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of capitalism and of the economic order is the central topic of the German economic tradition in the 20th century. Capitalism has not only been the topic for Marxist economics and for the Frankfurt School but also for the Historical School and for the postmarxist theory of capitalism in Ordo- and Neo-Liberalism as well as in Solidarism. The question of the foundations of the economic order of the market economy and of capitalism as well as the problem whether a third path between capitalism and social ism is possible occupied this tradition from the Historical School to Ordo Liberalism and the theory of the social market economy. The theory of capitalism and of the social market economy as well as the critique and reform developed in this theoretical tradition is important for the theory of economic systems as well as for today's problems of the eco nomic order. Its relevance for the present world economy is visible in the discussions whether there exist different models of capitalism and whether they can be described as the Anglo-American and as the Rhenish model of capitalism influenced by the thought of the German economic tradition. Michel Albert, the author of this classification, gave the key-word in his book Capitalism against Capitalism. The papers of this book can help to clarify this debate by giving a first hand introduction to some of the main economic thinkers of capitalism.

Download or read book Strafzumessung written by Kai Ambos and published by Göttingen University Press. This book was released on 2020 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 2018 the criminal law section of the 72nd Deutscher Juristentag (DJT, “German Assembly of Jurists”) debated the question “Sentencing Guidelines vs. Free Judicial Discretion – Is German Sentencing Law in Need of Reform?” Despite the expert opinion provided by Johannes Kaspar and the accompanying scholarly commentaries, ensuing proposals for fundamental reform met with rejection. The comparative perspective was limited to the US Federal sentencing guidelines. The intention of this volume is therefore, on the one hand, to draw a more nuanced picture of Anglo-American sentencing law focusing on three legal systems (England/Wales, USA and Canada) accompanied by commentaries from a German perspective; on the other hand, we want to make the German perspective (better) known within the Anglo-American legal world by reproducing important DJT documents in English language. To ensure the widest possible distribution we opted for a bilingual open access publication.

Download or read book Nation Building and National Identity in Timor Leste written by Michael Leach and published by Taylor & Francis. This book was released on 2016-12-08 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Timor-Leste’s long journey to nationhood spans 450 years of colonial rule by Portugal, a short-lived independence in 1975, and a 24-year occupation by Indonesia. This book examines the history of nation-building and national identity in Timor-Leste, and the evolution of a collective identity through two consecutive colonial occupations, and into the post-independence era. It charts the evolution of the idea of an East Timorese nation: its origins, its sources, and its competitors in traditional understandings of political community, and the distinct colonial visions imposed by Portugal or Indonesia. The author analyses the evolution of ideas of collective identity under the long era of Portuguese colonial rule, and through the 24-year struggle for independence from Indonesia from 1975 to 1999. Reflecting the contested history of the territory, these include successive attempts to define its members as colonial subjects in a wider ‘pluri-racial’ Portuguese empire, as citizens in an ‘integrated’ province of the Republic of Indonesia – and, of course, as a nation that demanded its right to self-determination. Finally, the host of nation-building tensions and fault lines that emerged after the restoration of independence in 2002 are discussed. Examining the history of debates and conflict over national identity, national history, cultural heritage, language policy, and relationships between distinct regions, generations, and language groups, this book will be of interest to academics in the fields of Asian studies, nationalism studies, and international and community development.

Download or read book The Roma Struggle for Compensation in Post war Germany written by Julia Von dem Knesebeck and published by Univ of Hertfordshire Press. This book was released on 2011 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years passed before it was accepted, in West Germany and elsewhere, that the Roma (Germany's Gypsies) had been Holocaust victims. And, similarly, it took thirty years for the West German state to admit that the sterilisation of Roma had been part of the 'Final Solution'. Drawing on a substantial body of previously unseen sources, this book examines the history of the struggle of Roma for recognition as racially persecuted victims of National Socialism in post-war Germany. Since modern academics belatedly began to take an interest in them, the Roma have been described as 'forgotten victims'. This book looks at the period in West Germany between the end of the War and the beginning of the Roma civil rights movement in the early 1980s, during which the Roma were largely passed over when it came to compensation. The complex reasons for this are at the heart of this book.

Download or read book Sacred Scripture Sacred Space written by Tobias Frese and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-01-14 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirteen papers on different subjects, focussing on writings and inscriptions in medieval art, explore the faculty of writing to create and determine spaces and to generate the sacred by the display of holy scripture. The subjects range from book illumination over wall painting, mosaics, sculpture, and church interiors to inscriptions on portals and façades.

Download or read book Handbook of Intergenerational Justice written by Joerg Chet Tremmel and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume undertake to establish the foundations and definitions of intergenerational justice and to explore its capacity to guide us in policy and public opinion judgments we must make to face unprecedented issues. . . We are changing the biosphere and using resources to an extent never contemplated in the history of ethics. Deterioration of our oceans, loss of topsoil, insecurity about potable water supplies, the ozone hole, global warming, and the question about how to handle high-level nuclear waste which remains lethal perhaps 400,000 years from now, are some examples whose consequences reach far beyond inherited principles and policies of responsibility to others. This Handbook works to open a path for debate, extension of our tradition and invention of new thinking on these issues. Craig Walton, University of Nevada, Las Vegas, US More than a Handbook, this collection is a landmark work showing the way to a new ethics of intergenerational responsibility. It raises, in the most comprehensive way, the overarching ethical questions of our time, What are the rights of future generations? and How might present generations establish a philosophical foundation for its responsibilities to generations to come? . Peter Blaze Corcoran, Center for Environmental and Sustainability Education, Florida Gulf Coast University, US This important book provides a rich menu of history, current theory, and future directions in constitutional law, philosophy of rights and justice, and the relations of economics and politics to time, institutions, and the common good. It is enlivened by back-and-forth discussions among the authors (including some disagreements), as well as by applications to important contemporary issues such as climate change, nuclear waste, and public debt. Theoretic considerations are nicely balanced with examples of the means adopted in a number of countries to establish a legal foundation for protection of the quality of life for future generations. Neva Goodwin, Tufts University, US Do we owe the future anything? If so, what and why? Our capacity to affect the lives of future generations is greater than ever before, but what principles should regulate our relationship with people who don t yet exist? This Handbook offers a comprehensive survey of the key debates and pathbreaking accounts of potential ways forward both ethical and institutional. Andrew Dobson, The Open University, UK This Handbook provides a detailed overview of various issues related to intergenerational justice. Comprising articles written by a distinguished group of scholars from the international scientific community, the Handbook is divided into two main thematic sections foundations and definitions of intergenerational justice and institutionalization of intergenerational justice. The first part clarifies basic terms and traces back the origins of the idea of intergenerational justice. It also focuses on the problem of intergenerational buck-passing in the ecological context; for example in relation to nuclear waste and the greenhouse effect. At the same time, it also sheds light on the relationship between intergenerational justice and economics, addressing issues such as public debt and financial sustainability. The innovative second part of the volume highlights how posterity can be institutionally protected, such as by inserting relevant clauses into national constitutions. Reading this volume is the best way to gain an overall knowledge of intergenerational justice an extremely salient and topical issue of our time. The Handbook is an important contribution to the literature and will be of great interest to academics and graduate students as well as readers interested in wider human rights issues.

Download or read book Consumption and Violence written by Alexander Sedlmaier and published by University of Michigan Press. This book was released on 2014-10-13 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals the relationship between the rise of political violence in West Germany to the unprecedented growth of consumption

Download or read book L on Duguit and the Social Obligation Norm of Property written by Paul Babie and published by Springer Nature. This book was released on 2019-09-07 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.

Download or read book Efficiency Sustainability and Justice to Future Generations written by Klaus Mathis and published by Springer Science & Business Media. This book was released on 2011-08-13 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Download or read book Constitutional Democracy in Crisis written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Download or read book German Architecture 1960 1970 written by Wolfgang Pehnt and published by . This book was released on 1970 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Germany and The West written by Riccardo Bavaj and published by Berghahn Books. This book was released on 2017-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The West” is a central idea in German public discourse, yet historians know surprisingly little about the evolution of the concept. Contrary to common assumptions, this volume argues that the German concept of the West was not born in the twentieth century, but can be traced from a much earlier time. In the nineteenth century, “the West” became associated with notions of progress, liberty, civilization, and modernity. It signified the future through the opposition to antonyms such as “Russia” and “the East,” and was deployed as a tool for forging German identities. Examining the shifting meanings, political uses, and transnational circulations of the idea of “the West” sheds new light on German intellectual history from the post-Napoleonic era to the Cold War.

Download or read book Writing the Revolution written by Raphael Hörmann and published by LIT Verlag Münster. This book was released on 2011 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study investigates German and English revolutionary literary discourse between 1819 and 1848/49. Marked by dramatic socioeconomic transformations, this period witnessed a pronounced transnational shift from the concept of political revolution to one of social revolution. Writing the Revolution engages with literary authors, radical journalists, early proletarian pamphleteers, and political theorists, tracing their demands for social liberation, as well as their struggles with the specter of proletarian revolution. The book argues that these ideological battles translated into competing "poetics of revolution." (Series: Kulturgeschichtliche Perspektiven - Vol. 10)

Download or read book Monitoring the EU Accession Process written by EU Accession Monitoring Program and published by Monitoring the EU Accession Press. This book was released on 2002 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eumpa has published monitoring reports highlighting specific areas in which state performance conforms to, or fails short of, broadly accepted international standards. These two volumes monitor access to education and employment for people with intellectual disabilities in 15 European countries and make recommendations on how people with intellectual disabilities can be more fully integrated into community life. The summary report is a condense version of the two full volumes.

Download or read book HJIL written by Viktor Bruns and published by . This book was released on 1979 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Code written by Gerfried Stocker and published by . This book was released on 2003 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Gerfried Stocker and Christine Schepf. Essays by Peter J. Bentley, Erkki Huhtamo, Friedrich Kittler and Pierre Levy.