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Allowing For Exceptions
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Book Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida
Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by OUP Oxford. This book was released on 2015-03-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.
Book Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida
Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford Legal Philosophy. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.
Book Synopsis Exceptions in EU Copyright Law by : Tito Rendas
Download or read book Exceptions in EU Copyright Law written by Tito Rendas and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Book Synopsis The Common Law Procedure Acts by : Edmund Bewley
Download or read book The Common Law Procedure Acts written by Edmund Bewley and published by BoD – Books on Demand. This book was released on 2023-02-01 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
Book Synopsis Copyright Exceptions by : Robert Burrell
Download or read book Copyright Exceptions written by Robert Burrell and published by Cambridge University Press. This book was released on 2005-02-24 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.
Download or read book The Northeastern Reporter written by and published by . This book was released on 1920 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
Book Synopsis Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts by : Massachusetts. Supreme Judicial Court
Download or read book Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts written by Massachusetts. Supreme Judicial Court and published by . This book was released on 1921 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rules, Exceptions, and Social Order by : Robert B. Edgerton
Download or read book Rules, Exceptions, and Social Order written by Robert B. Edgerton and published by Univ of California Press. This book was released on 2023-11-10 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.
Book Synopsis Decennial Edition of the American Digest by :
Download or read book Decennial Edition of the American Digest written by and published by . This book was released on 1928 with total page 1496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exceptions in International Law by : Lorand Bartels
Download or read book Exceptions in International Law written by Lorand Bartels and published by Oxford University Press, USA. This book was released on 2020-06-18 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Book Synopsis The Codes of California as Amended and in Force at the Close of the Thirty-sixth Session of the Legislature, 1905 ...: Penal code with forms by : California
Download or read book The Codes of California as Amended and in Force at the Close of the Thirty-sixth Session of the Legislature, 1905 ...: Penal code with forms written by California and published by . This book was released on 1906 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Well-Grounded Python Developer by : Doug Farrell
Download or read book The Well-Grounded Python Developer written by Doug Farrell and published by Simon and Schuster. This book was released on 2023-07-18 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Well-Grounded Python Developer teaches you how to write real software in Python by building on the basic language skills you already have. When you’re new to Python, it can be tough to understand where and how to use its many language features. There’s a dizzying array of libraries, and it’s challenging to fit everything together. The Well-Grounded Python Developer builds on Python skills you’ve learned in isolation and shows you how to unify them into a meaningful whole. The Well-Grounded Python Developer teaches you how to write real software in Python by building on the basic language skills you already have. It helps you see the big picture you can create out of small pieces, introducing concepts like modular construction, APIs, and the design of a basic web server. When you’re finished, you’ll have gone from having a basic understanding of Python's syntax, grammar, and libraries to using them as the tools of a professional software developer. Purchase of the print book includes a free eBook in PDF, Kindle, and ePub formats from Manning Publications.
Book Synopsis Park's Annotated Code of the State of Georgia, 1914 by : Georgia
Download or read book Park's Annotated Code of the State of Georgia, 1914 written by Georgia and published by . This book was released on 1915 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Expecting the Unexpected: Exceptions in Grammar by : Horst J. Simon
Download or read book Expecting the Unexpected: Exceptions in Grammar written by Horst J. Simon and published by Walter de Gruyter. This book was released on 2011-03-29 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every linguistic theory has to come to grips with a fundamental property of human language: the existence of exceptions, i.e. phenomena that do not follow the standard patterns one observes otherwise. The contributions to this volume discuss and exemplify a variety of approaches to exceptionality within different formal and non-formal frameworks. Topics include criteria for exceptionality, the diachronic rise of exceptions, the relevance of different grammatical subsystems and their interaction in the explanation of exceptions, and the crucial characteristics of grammatical models that can accommodate exceptions. A special feature of the book is that the articles are accompanied by peer-commentaries and responses thereupon, thus opening up the papers to further discussion.
Book Synopsis Criminal Law and Practice of the State of New York by : New York (State).
Download or read book Criminal Law and Practice of the State of New York written by New York (State). and published by . This book was released on 1918 with total page 1686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Collection of Legal Forms with Annotations from the Code of Georgia, the Reports of the Supreme Court and the Court of Appeals of Georgia on Questions Relating to Forms and Procedure in Certiorari Cases Prepared for the Use of the Judiciary, the Bar and the Officers of Court by : Livingston Forsyth McClelland
Download or read book Collection of Legal Forms with Annotations from the Code of Georgia, the Reports of the Supreme Court and the Court of Appeals of Georgia on Questions Relating to Forms and Procedure in Certiorari Cases Prepared for the Use of the Judiciary, the Bar and the Officers of Court written by Livingston Forsyth McClelland and published by . This book was released on 1926 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exceptions to the Rule by : Molly E. Reynolds
Download or read book Exceptions to the Rule written by Molly E. Reynolds and published by Brookings Institution Press. This book was released on 2017-07-18 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
