Download or read book The Enigma of Comparative Law written by Esin Örücü and published by Springer. This book was released on 2013-12-14 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
Download or read book Constitutional Review under the UK Human Rights Act written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2009-05-07 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Download or read book Ethics Law and Society written by Jennifer Gunning and published by Taylor & Francis. This book was released on 2022-07-30 with total page 1808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.
Download or read book The British Regulatory State written by Michael Moran and published by Oxford University Press, USA. This book was released on 2003 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first two thirds of the twentieth century, British government was among the most stable in the advanced industrial world. In the last three decades, the governing arrangements have been in turmoil and the country has been a pioneer in economic reform, and in public sector change. Inhis major new book, Michael Moran examines and explains the contrast between these two epochs. What turned Britain into a laboratory of political innovation? Britain became a formal democracy at the start of the twentieth century but the practice of government remained oligarchic. From the 1970sthis oligarchy collapsed under the pressure of economic crisis. The British regulatory state is being constructed in its place. Moran challenges the prevailing view that this new state is liberal or decentralizing. Instead he argues that it is a new, threatening kind of interventionist statewhich is colonizing, dominating, and centralizing hitherto independent domains of civil society. The book is essential reading for all those interested in British political development and in the nature and impact of regulation
Download or read book English Legal System in Context 6e written by Fiona Cownie and published by Oxford University Press. This book was released on 2013-07-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.
Download or read book Index of Conference Proceedings written by British Library. Document Supply Centre and published by . This book was released on 2003 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Evolution of Legal Business Forms in Europe and the United States written by Erik M. Vermeulen and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The evolution of partnership forms is stimulated by powerful economic forces that can lead to widespread prosperity and wealth creation for a society. Given the importance of closely held firms in the United States and Europe, The Evolution of Legal Business Forms in Europe and the United States argues that partnership law should trouble itself less with historical and descriptive arguments about the legal rules and structure of the partnership form and focus much more on the new analytical apparatus of the economics of organizational form as well the fundamental economic learning that informs the debates on limited liability, partnership rules regarding management and control, conflict resolution and fiduciary duties. Introducing and extending the best available theories from law and economics, particularly those from the theory of the firm, This book?s analysis demonstrates that the patterns of European partnership law and its recent history are best understood from an economic and comparative law perspective. By examining the economic theories of the firm and the economics of organization choice, The Evolution of Legal Business Forms in Europe and the United States conceives partnership-type business forms as contractual entities. The key feature of the modern partnership form is that partners have significant flexibility and power to limit their liability, transfer all of their rights, and to freely exit the firm. Another key feature of partnership law is the insight that lawmakers should provide the rules and enforcement mechanisms to regulate the important relationships within the partnership. This book applies an efficiency test to determine which sets of default rules are likely to resolve the main problems in partnerships. Having identified partnership law with the economic theory of organization, The Evolution of Legal Business Forms in Europe and the United States then goes to argue that most of partnership law is directed at offering bundles of legal rules for different types of firms. Lawmakers should promote partnership rules that attract investors and can be expected to be efficient if they allow entrepreneurs to freely select the bundle of rules that best match their priorities. In a modern vision of partnership law, lawmakers promote economic welfare through creating non-mandatory rules that allow multiple businesses to switch to a favourable business form without significant costs. Jurisdictions plagued by falling incorporations and low levels of small and medium business activity, should abandon the mandatory and standardized framework and the `lock in? effect that it promotes, and focus on the mechanisms of legal evolution and rules that tend to mimic the market. This innovation work will have ramifications felt across European jurisdictions, and will be debated by a large audience of policymakers and academic lawyers involved in law reform. Moreover, the book will receive serious attention from students of law and economics, as well as practising lawyers involved in resolving complex issues of organizational law. Review (s) ?Vermeulen?s work makes a significant contribution to the dialogue between legal scholars and policy makers from Europe and the United States on the matter of business entity law reform. The volume is ambitious in scope, thoughtful in approach, and accurate in result. It shows a well-read and nuanced view of the recent American partnership law reform debates. He moves with assurance between different systems of law and analysis, and has a confident sense of what his diverse readers need to know to come to the ultimate discussion with a common sense of the issues and alternatives at hand. Vermeulen?s work should serve as a starting point for a robust discussion among scholars and policy makers.?
Download or read book State Power Crime written by Roy Coleman and published by SAGE. This book was released on 2009-10-16 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′Following the outstanding introduction by the authors there are fifteen excellent original articles devoted to an integrated theory of the relationship between the state and crime. This work is on the cutting edge of critical criminology. It is a must read.′ - William J. Chambliss, Professor of Sociology, The George Washington University, USA. ′This book is a superb compilation of original papers by an impressive roster of authors. While the articles cover a wide range of empirical issues, from Northern Ireland and corporate crime to youth crime and heterosexual hegemony they all explore the implications, strategies and mechanisms of state power. There isn′t a weak paper here: all are extensively documented, well written, persuasive and scholarly in the very best sense.′ - Professor Laureen Snider, Queens University, Canada ′State, Power, Crime is a hugely important book for these times. Bringing together some of the most original minds in criminology it offers a critical analysis of the state, how it constructs crime, responds to it and, at times, engages in the very same. The book is essential reading for anyone interested in justice, freedom and equality.′ - Paddy Rawlinson, London School of Economics Featuring contributions by many of the leading scholars in the field, this seminal text explores the key themes and debates on state power today, in relation to crime and social order. It critically evaluates a range of substantive areas of criminological concern, including terrorism, surveillance, violence and the media. State, Power, Crime provides: "historical overviews of key theories about state power " assessment of the relationship between crime, criminal justice and the state " analysis of the development of law and order policy " discussion of the impact of structural fissures such as gender, race and sexuality " an overview of current research and writing " critical reflection on the future direction of research and analysis " advice on further reading. In 1978, with the publication of Hall et al′s Policing the Crisis and Poulantzas′s State, Power, Socialism, the complexity of the state′s interventions in maintaining a capitalist social order were laid bare for critical criminological analysis. State, Power, Crime offers an up-to-date and comprehensive examination of the challenges posed by state power, in relation to both criminal and social justice.
Download or read book Freedom from poverty as a human right law s duty to the poor written by Bueren, Geraldine van and published by UNESCO. This book was released on 2010-06-02 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gender and Careers in the Legal Academy written by Ulrike Schultz and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution.
Download or read book The Cambridge Companion to European Union Private Law written by Christian Twigg-Flesner and published by Cambridge University Press. This book was released on 2010-05-20 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.
Download or read book 21st Century Political Science A Reference Handbook written by John T Ishiyama and published by SAGE. This book was released on 2011 with total page 937 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering full coverage of major subthemes and subfields within political science this reference handbook includes entries on topics from theory and methodology to international relations and institutions.
Download or read book The RoutledgeFalmer Guide to Key Debates in Education written by Dennis Hayes and published by Routledge. This book was released on 2005-09-29 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debating is out of fashion. No one raises the question of what has gone wrong when the entire political project of a society is seemingly reduced to 'education, education, education'. The aim of this lively and challenging book is to provide the stimulus for further thinking about key educational issues by exposing and explaining the assumptions behind this obsession. Over forty contributors, all experts in their fields, have written short, accessible, informed and lively articles for students, teachers and others involved in education. They address broad questions that are central to any understanding of what is really going on in the education system. Topics covered include: the new relationship of the state to education; the changed nature of schools; whether teachers are afraid to teach; the problems with circle time, anti-bullying strategies, citizenship education, and multiple intelligences; the retreat from truth and the demise of theory in teacher training, and much more. Everyone learning to teach in primary and secondary schools and further education colleges will find this book relevant to their programmes. In particular the book would be useful for students on Education Studies courses.
Download or read book Competition Law written by Richard|Bailey Whish (David) and published by Oxford University Press. This book was released on 2024 with total page 1269 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Environment Health and the WTO written by Geert van Calster and published by Edward Elgar Publishing. This book was released on 2013 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.Õ Ð Mary Footer, University of Nottingham School of Law, UK ÔThis fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a Òmust readÓ for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.Õ Ð Joanne Scott, University College London, UK ÔGeert Van Calster and Denise PrŽvost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.Õ Ð Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns Ð concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.
Download or read book Law Knowledge Culture written by Jane E. Anderson and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.
Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
