Download or read book Recueil Des Cours Collected Courses 1960 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Moral Theory and Legal Reasoning written by Scott Brewer and published by Taylor & Francis. This book was released on 1998 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Lawyer Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Download or read book Tomorrow s Lawyers written by Richard Susskind and published by OUP Oxford. This book was released on 2013-01-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of The End of Lawyers?, this book predicts fundamental and irreversible changes in the legal world and offers essential practical advice for those who intend to build careers and businesses in law. A definitive guide to the future for aspiring lawyers, and for all who want to modernize today's legal and justice systems.
Download or read book Law Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Download or read book The Function of Judicial Decision in European Economic Integration written by C J Mann and published by Martinus Nijhoff Publishers. This book was released on 1972-07 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advanced Case Law Methods A Practical Course written by Richard Cappalli and published by BRILL. This book was released on 2021-10-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law. For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear. Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers. Published under the Transnational Publishers imprint.
Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Download or read book The Changing Chinese Legal System 1978 Present written by Bin Liang and published by Routledge. This book was released on 2007-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book examines the changing Chinese legal system since 1978. In addition to historical analyses of changes at the economic, political-legal, and social levels, Liang gives special attention to crime and punishment functions of the legal system, and the current judicial system based on field research, i.e., court observations in both Beijing and Chengdu. The court system has been in a process of systemization, both internally and externally, seeking more power and relative independence. However, traditional influences, such as preference of mediation (over litigation) and substantive justice (over procedural justice), and lack of respect (from the masses) and guaranteed power (from the political structure), still have major impacts on the building and operation of the judicial system. Liang also shrewdly places the Chinese legal and political reform within the global system. This book, which reshapes our understanding of the economic, political, and essentially legal changes in China within the global context, will be crucial reading for scholars of Asia, law, criminal justice, and sociology.
Download or read book China s Legal System written by Pitman Potter and published by Polity. This book was released on 2013-10-14 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of Chinas legal regime, in light of international standards and local conditions.
Download or read book Outline of the U S Legal System written by United States. Department of State. Bureau of International Information Programs and published by . This book was released on 2004 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every business day, courts throughout the United States render decisions that together affect many thousands of people. Some affect only the parties to a particular legal action, but others adjudicate rights, benefits, and legal principles that have an impact on all Americans. This book surveys that system. Much of the discussion explains how U.S. courts are organized and how they work. This introduction seeks to familiarize readers with the basic structure and vocabulary of American law, and afford a sense of how the U.S. legal system has evolved to meet the needs of a growing nation and its ever more complex economic and social realities.
Download or read book Indigenous Peoples Status in the International Legal System written by Mattias Åhrén and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Download or read book Distrust of Institutions in Early Modern Britain and America written by Brian P. Levack and published by Oxford University Press. This book was released on 2022-03-03 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distrust of public institutions, which reached critical proportions in Britain and the United States in the first two decades of the twenty-first century, was an important theme of public discourse in Britain and colonial America during the early modern period. Demonstrating broad chronological and thematic range, the historian Brian P. Levack explains that trust in public institutions is more tenuous and difficult to restore once it has been betrayed than trust in one's family, friends, and neighbors, because the vast majority of the populace do not personally know the officials who run large national institutions. Institutional distrust shaped the political, legal, economic, and religious history of England, Scotland, and the British colonies in America. It provided a theoretical and rhetorical foundation for the two English revolutions of the seventeenth century and the American Revolution in the late eighteenth century. It also inspired reforms of criminal procedure, changes in the system of public credit and finance, and challenges to the clergy who dominated the Church of England, the Church of Scotland, and the churches in the American colonies. This study reveals striking parallels between the loss of trust in British and American institutions in the early modern period and the present day.
Download or read book ABA Journal written by and published by . This book was released on 1976-02 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Download or read book The Nigerian Legal System written by Charles Mwalimu and published by Peter Lang Publishing. This book was released on 2005 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.
Download or read book Traditional and Modern Legal Institutions in Asia and Africa written by Buxbaum and published by BRILL. This book was released on 2022-07-18 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Institutions written by D.W. Ruiter and published by Springer Science & Business Media. This book was released on 2001-11-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
