Intercultural Spaces of Law

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Publisher : Springer Nature
ISBN 13 : 3031274369
Total Pages : 433 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Intercultural Spaces of Law by : Mario Ricca

Download or read book Intercultural Spaces of Law written by Mario Ricca and published by Springer Nature. This book was released on 2023-04-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights’ semantic and normative potential, a specific cultural-geographic view dubbed ‘legal chorology’ is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people’s lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and law reciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples’ rights and the international protection of sacred places.

Kant and Culture

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Publisher : Sapienza Università Editrice
ISBN 13 : 8893772167
Total Pages : 270 pages
Book Rating : 4.8/5 (937 download)

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Book Synopsis Kant and Culture by : Tommaso Morawski

Download or read book Kant and Culture written by Tommaso Morawski and published by Sapienza Università Editrice. This book was released on 2022-05-25 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kant and Culture. Studies on Kant’s Philosophy of Culture is a collective volume focusing on the figure of Kant as Kulturphilosoph. The challenge of this volume, which gathers scholars who differ in language, method, approach and perspective, is to shed light from different angles on the relevance and complexity of a subject – Kant and culture – that has often been confined to the margins of the Kantforschung and has only recently received the attention it deserves. Yet, on closer inspection, the issues related to the notion of culture in Kant are so varied and at the same time so pervasive and transversal that they allow for important connections between his philosophical reflection’s different areas (from aesthetics to theoretical philosophy, from ethics to philosophy of history, from philosophy of law to moral philosophy, from anthropology to religion, from geography to pedagogy), providing a privileged point of view to explore and understand his idea of a Bestimmung des Menschen. Moreover, Kant’s contribution to the philosophy of culture offers important insights into its contemporary crisis, its loss of significance and interest. A starting point to try to articulate a notion of culture in a normative sense, that is, elaborated not in reference to a certain class of objects defined as cultural (education, the arts, the sciences), but formally, as a particular relationship we can establish with any object, subject or experience.

Memory and Punishment

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Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

Self-sufficiency of Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9400742983
Total Pages : 239 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Self-sufficiency of Law by : Mariano Croce

Download or read book Self-sufficiency of Law written by Mariano Croce and published by Springer Science & Business Media. This book was released on 2012-06-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the ‘normative facts’ of a population, i.e. the interactional standards that are proclaimed as binding for the entire population by the publicly recognised legal experts (whose peremptory judgments can be only revised by peers). It proposes an integration of the recent research outcomes achieved in three different areas of study: legal positivism, legal institutionalism and legal pluralism and examines the notions of rule, coercion, institution, practice elaborated by significant theorists in the mentioned areas and illumine both their merits and flaws. Furthermore it advances a notion of law and a description of the legal field which are able to account for the nature of the legal filed as the cradle of the social order. new back cover copy: In an era characterized by a streaking global pluralism, the collapse of many state agencies, the emergence of multiple sources of law, and the rise of informal justice, the idea of a unitary and homogenous legal system seems old-fashioned. But philosophers, sociologists and anthropologists still hold many debates on the nature of law and its function, which is that law represents an institution that characterizes any orderly social context of human beings, and this book plunges into the center of those debates. Self-sufficiency of Law: A Critical-institutional Theory of Social Order investigates the role of law and legal experts in the organizational dynamics of a population. It demonstrates that law is a stable practice among those who are called upon to select the “normative facts” of a population, that is, the interactional standards that are proclaimed as binding for the entire population by the publicly recognized legal experts. To do this, the author proposes an integration of the recent research outcomes achieved in three different areas of study—legal positivism, legal institutionalism and legal pluralism. He examines the notions of rule, coercion, institution and practice elaborated on by significant theorists in these fields, highlighting both the merits and flaws and ultimately advancing a notion of law and a description of the legal field which are able to account for the nature of the legal field as the cradle of social order. This text covers key guidelines for empirical research and political activities in Western and non-Western countries.

Law and Agroecology

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Publisher : Springer
ISBN 13 : 3662466171
Total Pages : 502 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Law and Agroecology by : Massimo Monteduro

Download or read book Law and Agroecology written by Massimo Monteduro and published by Springer. This book was released on 2015-05-06 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural”: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.

The Legal Order

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Publisher : Routledge
ISBN 13 : 1351674382
Total Pages : 297 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Legal Order by : Santi Romano

Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Law and the Christian Tradition in Italy

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Publisher : Routledge
ISBN 13 : 1000079198
Total Pages : 472 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Law and the Christian Tradition in Italy by : Orazio Condorelli

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

2011

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Publisher : Walter de Gruyter
ISBN 13 : 311031228X
Total Pages : 2983 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis 2011 by :

Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.

Download  PDF Online Free

Author :
Publisher : EDUCatt - Ente per il diritto allo studio universitario dell'Università Cattolica
ISBN 13 :
Total Pages : 125 pages
Book Rating : 4./5 ( download)

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Book Synopsis by :

Download or read book written by and published by EDUCatt - Ente per il diritto allo studio universitario dell'Università Cattolica. This book was released on with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Equity in the Civil Law Tradition

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Publisher : Springer Nature
ISBN 13 : 3030780678
Total Pages : 180 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Equity in the Civil Law Tradition by : Renato Beneduzi

Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).

Civil Procedure in Italy

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Publisher : Springer
ISBN 13 : 9401762732
Total Pages : 483 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Civil Procedure in Italy by : Mauro Cappelletti

Download or read book Civil Procedure in Italy written by Mauro Cappelletti and published by Springer. This book was released on 2013-12-01 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Neuroscience and Law

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Publisher : Springer Nature
ISBN 13 : 3030388409
Total Pages : 563 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Neuroscience and Law by : Antonio D’Aloia

Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.

Pained Screams from Camps

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111297144
Total Pages : 332 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis Pained Screams from Camps by : Aisling Reid

Download or read book Pained Screams from Camps written by Aisling Reid and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-06-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detention camps exceed the juridical concept of punishment and crime. This book comprises two parts: 1. a collected volume that discusses camps not as something of the past, but as a paradigmatic political space in which ordinary law is completely suspended, and 2. an Italian-English parallel text of the war diary of an Italian prisoner during his confinement at the Stalag X-B internment camp near Sandbostel from 1943–1945. 1. The Human Condition of Exception: Collected Essays Edited by Aisling Reid and Valentina Surace Written in Italian and English, the essays collected in this volume explore the issue of camps and suffering from various perspectives, including philosophical inquiry, literary analysis, historical description and legal assessment. As Agamben suggests, the camp embodies the state of exception. A dehumanising camp life will therefore emerge every time such a structure is created. What happens in camps exceeds the juridical concept of punishment, as well as that of crime. Prisoners are faced with a ‘useless’ pain (Levinas) as it is not the expiation of a fault. Prisoners attempt to describe their extreme suffering through their diaries. Their experience, however, cannot be entirely communicated. Even their screams, which express humanity at the extreme limit of its un-power, are silenced. Given the recent popularity of right-wing politics, as well as the centenary of Mussolini’s march on Rome, such research is more urgent than ever. The book will appeal to readers with an interest in philosophy as well as Irish history scholars studying internment during Partition and The Troubles in Northern Ireland. 2. Aldo Quarisa’s Diary: An Italian-English Edition Edited by Aisling Reid and Valentina Surace. Transcribed and with a preface by Galileo Sartor. Translation of the diary by Aisling Reid (Italian-English). In 1943, Aldo Quarisa worked at a military school in Florence, where he taught literature. In October of that year, one month after Italy had surrendered to the Allied forces, the Italians declared war on the Germans. In Florence, the German occupiers responded quickly, by arresting and deporting people with military connections to numerous concentration camps in Austria. Quite suddenly, Aldo was detained and deported through a network of camps, including Benjaminovo and the Stalag X-B internment camp, near the German village of Sandbostel. For two years, he found himself imprisoned alongside other Italians, including the celebrated journalist Giovannino Guareschi, who secretly kept a diary that was later published as his Diario Clandestino 1943–1945 in 1946. Much like Guareschi, Aldo also kept a diary and excerpts are published here in both Italian and English for the first time. The diary describes in unprecedented detail the monotony of camp life, the cruelty of the guards and the prisoners’ struggle to survive. The text is an important document that preserves the memory and voices of all those who suffered during the war and will inevitably be of interest to readers with an interest in World War II.

Dante & the Limits of the Law

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Publisher : University of Chicago Press
ISBN 13 : 022607112X
Total Pages : 240 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Dante & the Limits of the Law by : Justin Steinberg

Download or read book Dante & the Limits of the Law written by Justin Steinberg and published by University of Chicago Press. This book was released on 2013-12-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Dante and the Limits of the Law, Justin Steinberg offers the first comprehensive study of the legal structure essential to Dante’s Divine Comedy. Steinberg reveals how Dante imagines an afterlife dominated by sophisticated laws, hierarchical jurisdictions, and rationalized punishments and rewards. He makes the compelling case that Dante deliberately exploits this highly structured legal system to explore the phenomenon of exceptions to it, crucially introducing Dante to current debates about literature’s relation to law, exceptionality, and sovereignty. Examining how Dante probes the limits of the law in this juridical otherworld, Steinberg argues that exceptions were vital to the medieval legal order and that Dante’s otherworld represents an ideal “system of exception.” In the real world, Dante saw this system as increasingly threatened by the dual crises of church and empire: the abuses and overreaching of the popes and the absence of an effective Holy Roman Emperor. Steinberg shows that Dante’s imagination of the afterlife seeks to address this gap between the universal validity of Roman law and the lack of a sovereign power to enforce it. Exploring the institutional role of disgrace, the entwined phenomena of judicial discretion and artistic freedom, medieval ideas about privilege and immunity, and the place of judgment in the poem, this cogently argued book brings to life Dante’s sense of justice.

Internationales und Ausländisches Recht

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Publisher :
ISBN 13 :
Total Pages : 1046 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Internationales und Ausländisches Recht by : Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin

Download or read book Internationales und Ausländisches Recht written by Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin and published by . This book was released on 1914 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Tax Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142258
Total Pages : 811 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Tax Law by : Andrea Amatucci

Download or read book International Tax Law written by Andrea Amatucci and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a century of solid theory behind it, tax law confronts a new reality: the weakening of the tenacious link between the sovereignty of states and taxation. Yet it is to the continuity of certain themes and principles inherent in the various national tax systems that tax law scholarship continues to look, even as it develops new principles designed to meet the expanding processes of internationalization. This completely updated collection of essays offers an expert comparative analysis, conducted by a sample of the best international tax law scholars, of the fundamental theory of tax law and of the prospects in the near future of tax legislative systems. The emphasis falls naturally on tax theory, jurisprudence, and legislative development in the Member States of the European Union (particularly in Italy, Germany, and Spain), where the process of tax harmonization has been under way for many years. The effect of these processes, via the relevant tax treaties, on the tax systems of Japan and the United States provides a secondary emphasis. Practitioners and academics in tax law will find in this book an invaluable understanding of the challenges that tax law theory strives to meet at this crucial moment in economic history. The essays present a full and reliable exposition of the current theoretical approaches adopted by the various schools of thought in the field, as well as of the main contributions of jurisprudence.

New Code of International Law

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Publisher : New York : International Code Company
ISBN 13 :
Total Pages : 1088 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis New Code of International Law by : Jerome Internoscia

Download or read book New Code of International Law written by Jerome Internoscia and published by New York : International Code Company. This book was released on 1910 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: