Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

Download or read book Internal Exile in Fascist Italy written by Piero Garofalo and published by . This book was released on 2019-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an accessible history of internal exile's origins and practices under Fascism and of its representation in film, literature and memoir.

Download or read book How to legislate with wisdom and eloquence written by Luís Marchili and published by Luis Marchili. This book was released on 2016-04-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

Download or read book The Formation and Transmission of Western Legal Culture written by Serge Dauchy and published by Springer. This book was released on 2016-12-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Download or read book The Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Download or read book Pure Economics written by Maffeo Pantaleoni and published by . This book was released on 1898 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Historical Materialism and the Economics of Karl Marx written by Benedetto Croce and published by Library of Alexandria. This book was released on 2020-09-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical materialism is what is called a fashionable subject. The theory came into being fifty years ago, and for a time remained obscure and limited; but during the last six or seven years it has rapidly attained great fame and an extensive literature, which is daily increasing, has grown up around it. It is not my intention to write once again the account, already given many times, of the origin of this doctrine; nor to restate and criticise the now well-known passages in which Marx and Engels asserted the theory, nor the different views of its opponents, its supporters, its exponents, and its correctors and corruptors. My object is merely to submit to my colleagues some few remarks concerning the doctrine, taking it in the form in which it appears in a recent book by Professor Antonio Labriola, of the University of Rome. For many reasons, it does not come within my province to praise Labriola's book. But I cannot help saying as a needful explanation, that it appears to me to be the fullest and most adequate treatment of the question. The book is free from pedantry and learned tattle, whilst it shows in every line signs of the author's complete knowledge of all that has been written on the subject: a book, in short, which saves the annoyance of controversy with erroneous and exaggerated opinions, which in it appear as superseded. It has a grand opportunity in Italy, where the materialistic theory of history is known almost solely in the spurious form bestowed on it by an ingenious professor of economics, who even pretends to be its inventor.

Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Download or read book Substantive Criminal Law written by M. Cherif Bassiouni and published by Charles C. Thomas Publisher. This book was released on 1978 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Crime in the Art and Antiquities World written by Stefano Manacorda and published by Springer Science & Business Media. This book was released on 2011-02-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theft, trafficking, and falsification of cultural property and cultural heritage objects are crimes of a particularly complex nature, which often have international ramifications and significant economic consequences. Organized criminal groups of various types and origins are involved in these illegal acts. The book Crime in the Art and Antiquities World has contributions both from researchers specializing in the illegal trafficking of art, and representatives of international institutions involved with prevention and detection of cultural property-related crimes, such as Interpol and UNESCO. This work is a unique and useful reference for scholars and private and public bodies alike. This innovative volume also includes an Appendix of the existing legal texts, i.e. international treaties, conventions, and resolutions, which have not previously been available in a single volume. As anyone who has undertaken research or study relating to the protection of cultural heritage discovers one of the frustrations encountered is the absence of ready access to the multi- various international instruments which exist in the field. Since the end of the Second World War these instruments have proliferated, first in response to increasing recognition of the need for concerted multinational action to give better protection to cultural property during armed conflict as well as ensuring the repatriation of cultural property looted during such conflict. Thus the international community agreed in 1954 upon a Convention for the Protection of Cultural Property in the Event of Armed Conflict. That Convention, typically referred to as the Hague Convention of 1954, is now to be found reproduced in the Appendix to this book (Appendix I) together with 25 other important and diverse documents that we believe represent a core of the essential international sources of reference in this subject area. In presenting these documents in one place we hope that readers will now experience less frustration while having the benefit of supplementing their understanding and interpretation of the various instruments by referring to individual chapters in the book dealing with a particular issue or topic. For example, Chapter 9 by Mathew Bogdanos provides some specific and at times rather depressing descriptions of the application in the field of the Hague Convention 1954, and its Protocols (Appendices II and III), to the armed conflict in Iraq. Reference may also be had to the resolution of the UN Security Council in May 2003 (Appendix VI) urging Member States to take appropriate steps to facilitate the safe return of looted Iraqi cultural property taken from the Iraq National Museum, the National Library and other locations in Iraq. Despite such pleas the international antiquities market seems to have continued to trade such looted property in a largely unfettered manner, as demonstrated by Neil Brodie in Chapter 7. Fittingly, as referred to in the Preface to this book, the last document contained in the Appendix (Appendix 26) is the “Charter of Courmayeur”, formulated at a ground breaking international workshop on the protection of cultural property conducted by the International Scientific and Professional Advisory Council (ISPAC) to the United Nations Crime Prevention and Criminal Justice Program in Courmayeur, Italy, in June 1992. The Charter makes mention of many of the instruments contained in the Appendix while also foreshadowing many of the developments which have taken place in the ensuing two decades designed to combat illicit trafficking in cultural property through international collaboration and action in the arena of crime prevention and criminal justice.

Download or read book Morals of Legitimacy written by Italo Pardo and published by Berghahn Books. This book was released on 2001-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.

Download or read book RethinkHIV written by Bjørn Lomborg and published by Cambridge University Press. This book was released on 2012-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely thought-provoking book, which examines the first-ever comparative cost-benefit analysis of responses to HIV/AIDS in Africa.

Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Download or read book On the Government of Rulers written by Ptolemy of Lucca and published by University of Pennsylvania Press. This book was released on 2010-11-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ptolemy, considered a proto-Humanist by some, combined the principles of Northern Italian republicanism with Aristotelian theory in his De Regimine Principum, a book that influenced much of the political thought of the later Middle Ages, the Renaissance, and the early modern period. He was the first to attack kingship as despotism and to draw parallels between ancient Greek models of mixed constitution and the Roman Republic, biblical rule, the Church, and medieval government. In addition to his translation of this important and radical medieval political treatise, written around 1300, James M. Blythe includes a sixty-page introduction to the work and provides over 1200 footnotes that trace Ptolemy's sources, explain his references, and comment on the text, the translation, the context, and the significance.

Download or read book Evidence in International Criminal Trials written by Mark Klamberg and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

Download or read book Comparative Legal Linguistics written by Heikki E.S. Mattila and published by Routledge. This book was released on 2016-05-23 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.