Download or read book The Struggle Over Law in Europe written by ALDO. SANDULLI and published by Routledge. This book was released on 2024-04-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book interrogates the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should aim to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analysing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
Download or read book Israel and the Struggle over the International Laws of War written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.
Download or read book The Struggle for Law written by Rudolf von Jhering and published by . This book was released on 1879 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Citizen s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
Download or read book The Struggle Over State Power in Zimbabwe written by George Hamandishe Karekwaivanane and published by Cambridge University Press. This book was released on 2017-11-09 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the law in the constitution and contestation of state power in Zimbabwean history. It is for researchers interested in the history of the state in Southern Africa, as well as those interested in African legal history.
Download or read book Transnational Capitalism and the Struggle over European Integration written by Bastiaan van Apeldoorn and published by Routledge. This book was released on 2003-08-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the transnational social forces in the making of a new European socio-economic order that emerged out of the European integration process during the 1980s and 1990s. Arguing that the political economy of European integration must be put within the context of a changing global capitalism, Van Apeldoorn examines how European change is linked to global change and how transnational actors mediate these changes.
Download or read book The Struggle for Female Suffrage in Europe written by Blanca Rodriguez Ruiz and published by BRILL. This book was released on 2012-06-07 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: By comparing women’s access to suffrage in the countries that make up the European Union, i>The Struggle for Female Suffrage in Europe provides a retelling of the story of how citizenship was gradually coined in Europe from the perspective of women.
Download or read book The Struggle for Land Under Israeli Law written by Hadeel S. Abu Hussein and published by Routledge. This book was released on 2021-11-29 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
Download or read book The Struggle Over Borders written by Pieter de Wilde and published by Cambridge University Press. This book was released on 2019-07-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of how globalization has altered political conflict, giving a fresh perspective on the contemporary rise of populism.
Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
Download or read book Struggle over Identity written by Nelly Bekus and published by Central European University Press. This book was released on 2010-04-20 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting the cliché about "weak identity and underdeveloped nationalism," Bekus argues for the co-existence of two parallel concepts of Belarusianness—the official and the alternative one—which mirrors the current state of the Belarusian people more accurately and allows for a different interpretation of the interconnection between the democratization and nationalization of Belarusian society.The book describes how the ethno-symbolic nation of the Belarusian nationalists, based on the cultural capital of the Golden Age of the Belarusian past (17th century) competes with the "nation" institutionalized and reified by the numerous civic rituals and social practices under the auspices of the actual Belarusian state.Comparing the two concepts not only provides understanding of the logic that dominates Belarusian society's self-description models, but also enables us to evaluate the chances of alternative Belarusianness to win this unequal struggle over identity.
Download or read book European Cross border Insolvency Regulation written by Jona Israël and published by Intersentia nv. This book was released on 2005 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.
Download or read book The Limits of Atlanticism written by Gret Haller and published by Berghahn Books. This book was released on 2007-07-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working as Ombudsperson for Human Rights in the State of Bosnia and Herzegovina in Sarajevo, Gret Haller became aware that the reactions of the United States and Europe are hardly ever the same, be it in Bosnia or in other parts of the world, with the current crisis in the Middle East offering just another example: in international negotiations it is always the United States that refuses to give up sovereignty. While Europeans view sharing as an instrument to guarantee freedom and peace, Washington sees it as a threat to its independence and power. Instead, the U.S. government relies on unsanctioned campaigns against rogue states. The author is not optimistic that the recent shift in the political climate in the U.S. will change this deeply ingrained attitude. In her book, based on in-depth and first-hand experience in the transatlantic political arena, the author concludes that any fresh approach towards addressing these differences will first require an understanding of their roots in history. In Europe, the Peace of Westphalia of 1648 began a development that led to the emergence of a nation-state that ultimately came to be based on shared sovereignty. In the New World, however, the dominance of society over the state marked a break with that European tradition.
Download or read book History of India The European struggle for Indian supremacy in the seventeenth century by Sir W W Hunter written by Abraham Valentine Williams Jackson and published by . This book was released on 1907 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
