The Decline of Private Law: A Philosophical History of Liberal Legalism, Goncalo de Almeida Ribeiro
Автор: Maxeiner James R. Название: Failures of american methods of lawmaking in historical and comparative perspectives ISBN: 1107198151 ISBN-13(EAN): 9781107198159 Издательство: Cambridge Academ Рейтинг: Цена: 12197.00 р. 17424.00-30% Наличие на складе: Есть (1 шт.) Описание: This book shows laymen and professionals alike why America`s legal system, based on common law, fails to provide rules that people can apply themselves, and how sensible statute law works elsewhere. Its historical aspect shows that Americans wanted legislative-made statutes and its comparative aspect details how another legal system succeeds.
Описание: Justin Desautels-Stein focuses on the development of pragmatic liberalism, between 1870 and the present. Using property law, constitutional law, and antitrust law as case studies, he places the intellectual history of liberalism into a contemporary legal context.
Автор: Monateri, Professor Pier Giuseppe Название: Dominus mundi ISBN: 1509943811 ISBN-13(EAN): 9781509943814 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression ‘dominus mundi’, following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoule – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.
Автор: Mak, Vanessa (tilburg University, Tilburg University, Professor Of Private Law) Название: Legal pluralism in european contract law ISBN: 019885448X ISBN-13(EAN): 9780198854487 Издательство: Oxford Academ Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.
While legal technology may bring efficiency and economy to business, where are the people in this process and what does it mean for their lives?
Brings together leading judges, academics, practitioners, policy makers and educators from countries including India, Canada, Germany, United Kingdom South Africa and Nigeria
Includes contributions from Roger Smith, Dory Reiling, Christian Djeffal, George Williams and Odunoluwa Longe
Offers a dialogue between theory and practice by presenting practical and reflective essays on the nature of changes in the legal sector
Analyses technological changes taking place in the legal sector, situates where these developments have taken place, who has brought it about and what impact has it had on society
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices. Courts and legal institutions can often be out of reach because of costs, distance, or a lack of knowledge of rights and entitlements and judicial institutions may be under-funded leading to poor judicial infrastructure, inadequate staff, and limited resources to meet the needs of those who require such services. This book sets out to embed access to justice into mainstream discussions on the future of law and to explore how this can be addressed in different parts of the legal industry. It examines what changes in technology mean for the end user, whether an ordinary citizen, a client or a student. It looks at the everyday practice of law through a sector wide analysis of law firms, universities, startups and civil society organizations. In doing so, the book provides a roadmap on how to address sector specific access to justice questions and to draw lessons for the future. The book draws on experiences from judges, academics, practitioners, policy makers and educators and presents perspectives from both the Global South and the Global North.
Описание: In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. This book provides an evaluation of debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society.
The Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades.
Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effect of these developments, the authors reveal, undermines democratic citizenship and the capacity to imagine the public good.
Описание: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michal Galedek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Lukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.
Автор: Anderson Craig Название: Roman Law for Scots Law Students ISBN: 1474450180 ISBN-13(EAN): 9781474450188 Издательство: Bloomsbury Academic Рейтинг: Цена: 21384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
From property law to delict and unjustified enrichment, this textbook focuses on those areas of Roman law that have been most influential on Scots law. By using this book, students will enter practice with a greater depth of understanding of the roots of modern Scots law, helping them to feel confident in using Roman materials when tackling today's legal problems.
Описание: Examines the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases - across time, place, and circumstance - to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence.
Автор: Sargentich, Lewis D. (harvard Law School, Massachusetts) Название: Liberal legality ISBN: 1108442366 ISBN-13(EAN): 9781108442367 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Liberal Legality shows that different kinds of legal argument, rule-based reasoning and reasoning based on principles and policies, share a surprising kinship. The diverse ways of arguing arise from the same root, and they share commitment to secure the rule of law in the service of liberty - liberal legality.
Описание: Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe:
(1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration.
(2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens.
(3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights.
The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.
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