The Shifting Meaning of Legal Certainty in Comparative and Transnational Law, Mark Fenwick, Mathias Siems, Stefan Wrbka

Автор: ?vila
Название: Certainty in Law
ISBN: 3319334069 ISBN-13(EAN): 9783319334066
Издательство: Springer
Рейтинг:
Цена: 20962.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: Instead of the usualapologetic treatment found in legal doctrine, linked to the determinacy,immutability or predictability of norms, this book treats legal certaintyinnovatively, holistically and in depth. Using a method at once analytical andfunctional, Professor ?vila examines the structural elements of legalcertainty, from its definition and foundations to its various dimensions,normative forces and efficacies, citing a wealth of examples from case law tosupport each of the theses defended.Nosubject is more important and topical than legal certainty. Problems relatingto lack of understanding, instability and unpredictability of law intensify dayby day everywhere, in civil law and common law countries alike. Normativesources are increasingly diverse in origin (national, international, community)and multiple in nature (legal, contractual, jurisprudential). They changeconstantly, and present increasingly frequent problems of ambiguity andvagueness that significantly hinder their comprehension. This state of affairs,which to a greater or lesser extent is true of any legal order, justifies areturn to the subject of legal certainty. In this book, essential questions areanswered such as: Legal certainty in what sense? Certainty of what, for whom,in whose vision and by whom? When, to what extent, and to what end?“(…) it is probably themost comprehensive and systematic study ever produced on this subject using theanalytical method.” (Riccardo Guastini, Professor of Jurisprudence, Universityof Genoa, Italy)

Автор: Miller Russel A
Название: Comparative Law as Transnational Law
ISBN: 0199795207 ISBN-13(EAN): 9780199795208
Издательство: Oxford Academ
Рейтинг:
Цена: 19800.00 р.
Наличие на складе: Есть у поставщика Поставка под заказ.

Описание: In Comparative Law as Transnational Law: A Decade of the German Law Journal, Russell A. Miller and Peer C. Zumbansen have assembled the works of scholars from around the world, forming a richly contextual demonstration of the increasing encounters and tensions among legal cultures. In
recognizing the lack of consensus on how to define transnational law, Miller and Zumbansen have carefully selected works that originally appeared in the German Law Journal in order to help readers to grasp the challenges of defining transnational law, and to appreciate the differing approaches
towards it.

Some, for example, maintain that the processes of transnationalization has created a space for a new, discrete corpus of law--a field in its own right that is the equal of public international law or conflict of laws. Others understand the perceived transnational phenomena to be illustrations of an
emerging legal culture that no longer fits the traditional distinction between national and international jurisdictions. In offering different approaches to such an understanding of transnational law, these works also bring out the important consequences of a more global outlook in legal
scholarship, legal practice, and legal education.