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Flexible Droit
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Book Synopsis New Private Law Theory by : Stefan Grundmann
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Book Synopsis Predictability and Flexibility in the Law of Maritime Delimitation by : Yoshifumi Tanaka
Download or read book Predictability and Flexibility in the Law of Maritime Delimitation written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.
Book Synopsis Labour Law and Flexibility in Europe by : Bruno Caruso
Download or read book Labour Law and Flexibility in Europe written by Bruno Caruso and published by Giuffrè. This book was released on 2004 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Les intelligences artificielles au prisme de la justice sociale. Considering Artificial Intelligence Through the Lens of Social Justice by : Collectif Collectif
Download or read book Les intelligences artificielles au prisme de la justice sociale. Considering Artificial Intelligence Through the Lens of Social Justice written by Collectif Collectif and published by Presses de l'Université Laval. This book was released on 2024-07-24T00:00:00-04:00 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage vient clôturer deux années de réflexion intensive sur les enjeux à l’intersection entre la justice sociale et les technologies d’IA. Une compréhension de ces impacts sociétaux dépasse alors l’aspect technique pour se concentrer principalement sur le fait social.
Book Synopsis Methodology of Criminal Law Theory: Art, Politics or Science? by : Shin Matsuzawa
Download or read book Methodology of Criminal Law Theory: Art, Politics or Science? written by Shin Matsuzawa and published by Nomos Verlag. This book was released on 2021-05-27 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In dem Band wird erörtert, ob die Strafrechtstheorie (bzw. die allgemeine Rechtstheorie) als ein Zweig der Wissenschaft angesehen werden kann. Dabei werden folgende Fragen behandelt: In welchem Sinne ist die Strafrechtslehre eine Form der Wissenschaft? Kann es systemische Entwicklungen in der Strafrechtstheorie geben? Die Frage nach dem Wesen der strafrechtlichen Erkenntnis ist eng verknüpft mit der Frage, was Rechtswissenschaft im Allgemeinen ausmacht. Eine Diskussion im Bereich des Strafrechts kann einen Beitrag zur allgemeinen Diskussion in der Rechtstheorie leisten und deutlich machen, wo die Strafrechtstheorie steht, wenn die juristische Forschung mit den Herausforderungen der Interdisziplinarität konfrontiert wird. Mit Beiträgen von Petter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio und Michael Pawlik.
Book Synopsis Comparative Law in Practice by : Duncan Fairgrieve
Download or read book Comparative Law in Practice written by Duncan Fairgrieve and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French and European law, the book explores how the law of contract of Jersey, Channel Islands, has been influenced by both civil law and common law sources. It is argued that this jurisdiction is a striking example of comparative law in action, given that Jersey contract law is made up of a blend of common law and civil law approaches. Jersey law is premised upon a subjective approach to contracts, in which civil law concepts such as cause (rather than consideration) and vices de consentement are the foundational aspects, but is nonetheless highly influenced by the common law in areas such as remedies (damages, termination, etc). The book analyses a series of key issues from a comparative and European perspective, including the principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), the structure and approach of precontractual liability, the role of good faith in a mixed system, the architecture of remedies, and more.
Book Synopsis Dispatches from the Freud Wars by : John Forrester
Download or read book Dispatches from the Freud Wars written by John Forrester and published by Harvard University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this challenging collection of essays, the noted historian and philosopher of science John Forrester delves into the disputes over Freud's dead body. With wit and erudition, he tackles questions central to our psychoanalytic century's ways of thinking and living, including the following: Can one speak of a morality of the psychoanalytic life? Are the lives of both analysts and patients doomed to repeat the incestuous patterns they uncover? What and why did Freud collect? Is a history of psychoanalysis possible? By taking nothing for granted and leaving no cliché of psychobabble--theoretical or popular--unturned, Forrester gives us a sense of the ethical surprises and epistemological riddles that a century of tumultuous psychoanalytical debate has often obscured. In these pages, we explore dreams, history, ethics, political theory, and the motor of psychoanalysis as a scientific movement. Forrester makes us feel that the Freud Wars are not merely a vicious quarrel or a fashionable journalistic talking point for the late twentieth century. This hundred years' war is an index of the cultural and scientific climate of modern times. Freud is indeed a barometer for understanding how we conduct our different lives.
Book Synopsis A Cultural History of Law in the Early Modern Age by : Peter Goodrich
Download or read book A Cultural History of Law in the Early Modern Age written by Peter Goodrich and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opened up by the revival of Classical thought but riven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Book Synopsis Law and the Postmodern Mind by : Peter Goodrich
Download or read book Law and the Postmodern Mind written by Peter Goodrich and published by University of Michigan Press. This book was released on 2009-12-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Book Synopsis The Transformation of Family Law by : Mary Ann Glendon
Download or read book The Transformation of Family Law written by Mary Ann Glendon and published by University of Chicago Press. This book was released on 1989 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review
Book Synopsis Law and the Humanities: Cultural Perspectives by : Chiara Battisti
Download or read book Law and the Humanities: Cultural Perspectives written by Chiara Battisti and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-12-02 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates interdisciplinary intersections between law and the humanities from the Renaissance to the present day. It allows for fruitful encounters between different disciplines: from literature to science, from the visual arts to the post-human, from the postmodern novel’s experimentation to most recent approaches towards the legal interpretation of literary texts. This productive dialogue fosters original perspectives in the interpretation of and reflection upon identity, justice, power and human rights and values, thus underlining the role of literature in the articulation of relevant cultural issues pertaining to specific periods.
Book Synopsis Law and the Public Sphere in Africa by : Jean Godefroy Bidima
Download or read book Law and the Public Sphere in Africa written by Jean Godefroy Bidima and published by Indiana University Press. This book was released on 2013-12-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering collection of essays that casts “an invigorating light on law, politics, public language and social practice in modern Africa” (Africa). Jean Godefroy Bidima’s La Palabre examines the traditional African institution of palaver as a way to create dialogue and open exchange in an effort to resolve conflict and promote democracy. In the wake of South Africa’s Truth and Reconciliation Commissions and the gacaca courts in Rwanda, Bidima offers a compelling model of how to develop an African public space where dialogue can combat misunderstanding. This volume, which includes other essays on legal processes, cultural diversity, memory, and the internet in Africa, offers English-speaking readers the opportunity to become acquainted with a highly original and important postcolonial thinker. “Bidima has done a very important work here which deserves the critical attention of philosophers, political theorists, legal scholars as well the general public.” —Journal of Modern African Studies “Opens promising vistas for legal and political discourse. Its multidisciplinary orientation and the erudition of the author make for a text that has crossover appeal.” —Olúfémi Táíwò, Cornell University “Presents a valuable philosophical argument that will most certainly be of interest to those working on the topics of postconflict justice, peacebuilding, and democratization in Africa.” —African Conflict and Peacebuilding Review
Book Synopsis Law by Night by : Jonathan Goldberg-Hiller
Download or read book Law by Night written by Jonathan Goldberg-Hiller and published by Duke University Press. This book was released on 2023-10-20 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law by Night Jonathan Goldberg-Hiller asks what we can learn about modern law and its authority by understanding how it operates in the dark of night. He outlines how the social experience and cultural meanings of night promote racialized and gender violence, but also make possible freedom of movement for marginalized groups that might be otherwise unavailable during the day. Examining nighttime racial violence, curfews, gun ownership, the right to sleep, and “take back the night” rallies, Goldberg-Hiller demonstrates that liberal legal doctrine lacks a theory of the night that accounts for a nocturnal politics that has historically allowed violence to persist. By locating the law’s nocturnal limits, Goldberg-Hiller enriches understandings of how the law reinforces hierarchies of race and gender and foregrounds the night’s potential to enliven a more egalitarian social life.
Download or read book Dissidents of Law written by Jirí Pribán and published by Routledge. This book was released on 2019-07-16 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003: The problem of legitimacy and legality is one of the key issues of modern thought and nowhere more intensely debated than in the countries of the former Soviet bloc. Under the communist system, symbols of modern government had been supplemented and changed in order to serve the totalitarian domination of the Party and all spheres of life, including law, were subsumed within this framework of ideological legitimation. Following the anti-communist revolutions of 1989, former communist societies started the historically unprecedented process of transformation from the totalitarian into liberal democratic society, a transformation which has produced much soul-searching and heated debate. In this book, the author sets out to prove that concern with legitimacy belongs neither exclusively to the legal system nor to a political system separated and distanced from the legal system. The topic of legitimacy and legitimation is inseparable from legality and every legitimation eventually looks for its transformation into legal legitimacy.
Book Synopsis Facing the Limits of the Law by : Erik Claes
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Book Synopsis The Role of Fraternity in Law by : Adriana Cosseddu
Download or read book The Role of Fraternity in Law written by Adriana Cosseddu and published by Routledge. This book was released on 2021-12-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.
Book Synopsis Spaces of Law and Custom by : Edoardo Frezet
Download or read book Spaces of Law and Custom written by Edoardo Frezet and published by Routledge. This book was released on 2021-07-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.
