Download or read book State Law and Legal Positivism written by Badouin Dupret and published by Legal History Library. This book was released on 2021-12-08 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume formulates the hypothesis of a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume brings together several case studies of transition from an ancient to a new legal regime characterized by the positivization of the law. This was an effect of Western imperialism, but also of local elites' conviction that positive law was an efficient instrument of governance. The contributors emphasize the depth and scale of the positivist legal revolution and explore the phenomenon whether it was the outcome of either direct colonialism (Morocco, Egypt, India) or indigenous reformism (Ottoman empire, China, Japan). Contributors are: Léon Buskens, Jean-Philippe Dequen, Baudouin Dupret, Jean-Louis Halpérin, Béatrice Jaluzot, Gianluca Parolin, Avi Rubin, and Tzung-Mou Wu"--

Download or read book The Supreme Court Bar written by Kevin T. McGuire and published by University of Virginia Press. This book was released on 1993 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.

Download or read book Law and the Rise of Capitalism written by Michael Tigar and published by NYU Press. This book was released on 2000-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.

Download or read book The French Nonprofit Sector written by Laura Nirello and published by BRILL. This book was released on 2018-08-20 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with the literature on the French nonprofit sector (NPS). A preliminary part is devoted to presenting and discussing the characteristics that shape the approaches to this sector in France. We stress the strong influence of legal categories on the sector’s definition and, in this context, the importance of the status inherited from the 1901 Act on contracts of association. This raises a problem for a more analytical approach to the sector, because the diversity of the nonprofit organizations (NPOs) regulated under this Act risks being overshadowed. In this first part, we also underline the primacy accorded in France to the concept of the social economy, which has today become the social and solidarity economy (SSE), over that of the nonprofit sector. In the second part, the article outlines some landmarks in the history of the French NPS. French NPOs were for many years objects of suspicion, arbitrariness and repression on the part of the public authorities and this persisted until the 1901 legislation on contracts of association was enacted. However, this hostile context did not prevent the sector from having a richer existence than is sometimes admitted. This literature review also focuses on empirical studies of the sector, placing a particular emphasis on the more recent ones. These French studies basically adopt two types of approach. The first is concerned essentially with the NPOs and focuses its attention on their economic importance, whether measured in terms of financial resources, employment, or, less frequently, added value. The second approach investigates the kinds of individual participation the sector engenders by examining the various forms it takes, such as membership of NPOs or voluntary work. This review ends with the analysis of the challenges that NPS faces in a context characterized by the increasing constraints on public funding, changes in the nature of such funding with a substitution of contracts for subsidies, an increased competition among NPOs as well as between NPOs and for-profit enterprises. The article concludes that, despite the advances in research on the French NPS, some aspects—like formal volunteering and the role of voluntary associations—are still understudied, while others—like informal groups and informal volunteering—are almost totally ignored.

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Download or read book The Global Public Management Revolution written by Donald F. Kettl and published by Rowman & Littlefield. This book was released on 2006-05-24 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last quarter century, governments around the world have launched ambitious efforts to reform how they manage their programs. Citizens have demanded smaller, cheaper, more effective governments. They have also asked for more programs and better services. To resolve this paradox, governments have experimented with scores of ideas to be more productive, improve performance, and reduce costs. In this new edition of T he Global Public Management Revolution, Donald F. Kettl charts the basic models of reform that are being employed worldwide. Reviewing the standard strategies and tactics behind these reforms, Kettl identifies six common core ideas: the search for greater productivity; more public reliance on private markets; a stronger orientation toward service; more decentralization from national to subnational governments; increased capacity to devise and track public policy; and tactics to enhance accountability for results. Kettl predicts that reform and reinvention will likely become mantras for governments of all stripes. Ultimately, this strategy means coupling the reform impulse with governance—government's increasingly important relationship with civil society and the institutions that shape modern life.

Download or read book A Bridge over Troubled Waters written by Helene Ruiz Fabri and published by BRILL. This book was released on 2020-10-12 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.

Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

Download or read book The Sociological Movement in Law written by Alan Hunt and published by . This book was released on 1978 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book The Optional Protocol to the International Covenant on Economic Social and Cultural Rights A Commentary written by Catarina de Albuquerque and published by PULP. This book was released on 2016-12-30 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues

Download or read book Philosophy manual a South South perspective written by Chanthalangsy, Phinith and published by UNESCO Publishing. This book was released on 2014-12-31 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Organisation and Dissemination of Knowledge written by Paul Otlet and published by Elsevier Publishing Company. This book was released on 1990 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reconstructing the International Institutional Order written by Samantha Besson and published by Collège de France. This book was released on 2021-09-14 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.

Download or read book Abnormal written by Michel Foucault and published by Verso Books. This book was released on 2016-09-01 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three decades after his death, Michel Foucault remains one of the towering intellectual figures of the last half-century. His works on sexuality, madness, the prison, and medicine are enduring classics. From 1971 until his death in 1984, Foucault gave public lectures at the famous Collge de France. These seminal events, attended by thousands, created the benchmarks for contemporary social enquiry. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorising individuals who "resemble their crime before they commit it." Building on the themes of societal self-defence developed in earlier works, Foucault shows how defining "normality" became a prerogative of power in the nineteenth century, shaping the institutions-from the prisons to the family-meant to deal with "monstrosity," whether sexual, physical, or spiritual. The Collge de France lectures add immeasurably to our appreciation and understanding of Foucault's thought.