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Formalising Jurisprudence
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Book Synopsis Formalising Jurisprudence by : Friedrich Lachmayer
Download or read book Formalising Jurisprudence written by Friedrich Lachmayer and published by Editions Weblaw. This book was released on 2019-02-28 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hajime Yoshino ist seit den Siebzigerjahren ein maßgeblicher Protagonist der Rechtslogik und der Rechtsinformatik in Japan. Der Gelehrtencommunity um Herbert Fiedler, Arthur Kaufmann, Ulrich Klug, Lothar Philipps, Jürgen Rödig, Ilmar Tammelo und Ota Weinberger entstammend, hat er sich unermüdlich für die Anwendung der Logik in der Rechtswissenschaft eingesetzt und damit auch den Weg für die Rechtsinformatik mitbereitet. Sein Anliegen, das er in der "Logischen Jurisprudenz" zusammengefasst hat, ist Auftrag und Zeichen, die formalen Wurzeln der Rechtswissenschaft im Übergangsfeld zur Rechtsinformatik weiterhin zu verstärken und auszubauen. Professor Hajime Yoshino ist eine angenehme und humorvolle Persönlichkeit. Es ist ein Privilegium, ihn treffen zu können. Er regt die Diskussionen an und wirkt integrativ. Im Zuge der Gestaltung dieses Sammelbandes wurde erneut deutlich, dass es in der wissenschaftlichen Praxis nicht nur um den Kernbereich der Anwendung der formalen Logik geht, sondern dass das Wort "Formalisierung" ein weiteres Feld beschreibt, das – der Avantgarde zugeordnet – durch explizite Strukturierungen eine intellektuelle Durchdringung des Rechtes und seines Umfeldes aufbereitet. Die Vielzahl der in diesem Sammelband behandelten Themen gruppiert sich in unterschiedlicher Intensität um Yoshinos Anliegen einer Rechtswissenschaft, in welcher der Logik und dem formalen Denken ein grundlegender Stellenwert zukommt.
Book Synopsis Research Handbook on Law and Technology by : Bartosz Brożek
Download or read book Research Handbook on Law and Technology written by Bartosz Brożek and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.
Book Synopsis Multicultural Jurisprudence by : Marie-Claire Foblets
Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by Bloomsbury Publishing. This book was released on 2009-01-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.
Book Synopsis Cross-Border Law Enforcement by : Saskia Hufnagel
Download or read book Cross-Border Law Enforcement written by Saskia Hufnagel and published by Taylor & Francis. This book was released on 2012-04-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2012-04-23 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.
Book Synopsis Cases and Materials on Constitutional and Administrative Law by : Brian Thompson
Download or read book Cases and Materials on Constitutional and Administrative Law written by Brian Thompson and published by Oxford University Press, USA. This book was released on 2014 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Book Synopsis Workers and the Global Informal Economy by : Supriya Routh
Download or read book Workers and the Global Informal Economy written by Supriya Routh and published by Routledge. This book was released on 2016-04-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis and subsequent increase in social inequality has led in many cases to a redrawing of the boundaries between formal and informal work. This interdisciplinary volume explores the role of informal work in today’s global economy, presenting economic, legal, sociological, historical, anthropological, political and cultural perspectives on the topic. Workers and the Global Informal Economy explores varying definitions of informality in the backdrop of neo-liberal market logic, exploring how it manifests itself in different regions around the world, and its relationship with formal work. This volume demonstrates how neo-liberalism has been instrumental in accelerating informality and has resulted in the increasingly precarious position of the informal worker. Using different methodological approaches and regional focuses, this book considers key questions such as whether workers exercise choice over their work; how constrained such choices are; how social norms shape such choices; how work affects their well-being and agency; and what role culture plays in the determination of informality. This interdisciplinary collection will be of interest to policy-makers and researchers engaging with informality from different disciplinary and regional perspectives.
Book Synopsis Re-Imagining Labour Law for Development by : Diamond Ashiagbor
Download or read book Re-Imagining Labour Law for Development written by Diamond Ashiagbor and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.
Book Synopsis European Family Law in Action by : Katharina Boele-Woelki
Download or read book European Family Law in Action written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL's web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities.
Book Synopsis Temporary Protection in Law and Practice by : Meltem Ineli-Ciger
Download or read book Temporary Protection in Law and Practice written by Meltem Ineli-Ciger and published by BRILL. This book was released on 2017-12-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Temporary Protection in Law and Practice, Meltem Ineli-Ciger provides guidance to states on how to implement a viable temporary protection regime in line with international law by analysing temporary protection laws and policies in Europe, Southeast Asia, Turkey and the United States.
Book Synopsis Formalising Process Calculi in Higher Order Logic by : Monica Nesi
Download or read book Formalising Process Calculi in Higher Order Logic written by Monica Nesi and published by . This book was released on 1997 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: "In the past few years, several methods and tools based on process calculi have been developed for verifying properties of concurrent and communicating systems. In this dissertation the interactive theorem prover HOL is used as a framework for supporting reasoning about process calculi based on all the various components of their formal theory. The aim is to build a sound and effective tool to allow both verification of process specifications and meta-theoretic reasoning. In particular, the process calculus CCS is embedded in the HOL logic. This is achieved by first addressing the pure subset of this calculus (no value passing) and then extending it to its value-passing version. The CCS theory is mechanised in HOL by following a purely definitional approach. This means that new objects are embedded in HOL using definition mechanisms which guarantee that no inconsistencies are introduced in the logic, and by deriving new facts from definitions and/or previously proved theorems by formal proof. Pure CCS agent expressions are encoded as a type in the HOL logic, in which initially actions are represented as strings, agents with infinite behaviour are given through the rec-notation and agent summation is the usual binary operator. Recursive agents are then allowed to be defined through systems of recursive equations and to be parameterised. This makes the type of CCS expressions polymorphic and parameterised on the parameters' type. Operational and behavioural semantics and a modal logic are defined and their properties and laws derived in HOL. Several proof tools, such as inference rules, conversions and tactics, are developed to enable users to carry out their proofs in an interactive way and to automate them whenever possible. Properties of infinite state systems, e.g. a counter which can expand indefinitely, can be formally verified in the resulting proof environment. Then, value-passing CCS is mechanised in HOL by translating value-passing expressions into pure ones. This entails a more general polymorphic type for pure agent expressions that includes an indexed summation operator. The translation is proved to be correct with respect to the semantics of value-passing CCS and then used at meta-level, together with the HOL formalisation for pure CCS, for developing behavioural theories for the value-passing calculus. A proof environment is thus derived, in which users will directly work on value-passing specifications. A verification example illustrates how proofs about the data are neatly separated from proofs about the process behaviour and how [omega]-data-rules can be used in a practical way to reason about value- passing agents defined over an infinite value domain."
Book Synopsis Land Law and the Extractive Industries by : Victoria R Nalule
Download or read book Land Law and the Extractive Industries written by Victoria R Nalule and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.
Book Synopsis Emancipation, Democracy and the Modern Critique of Law by : Mikael Spång
Download or read book Emancipation, Democracy and the Modern Critique of Law written by Mikael Spång and published by Springer. This book was released on 2017-08-08 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
Book Synopsis The Present and Future of European Family Law by : Jens M. Scherpe
Download or read book The Present and Future of European Family Law written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Book Synopsis Queering International Law by : Dianne Otto
Download or read book Queering International Law written by Dianne Otto and published by Taylor & Francis. This book was released on 2017-07-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
Book Synopsis Select Proceedings of the European Society of International Law, Volume 3, 2010 by : James Crawford
Download or read book Select Proceedings of the European Society of International Law, Volume 3, 2010 written by James Crawford and published by Bloomsbury Publishing. This book was released on 2012-01-09 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.
Book Synopsis Law in the Pursuit of Development by : Amanda Perry Kessaris
Download or read book Law in the Pursuit of Development written by Amanda Perry Kessaris and published by Routledge. This book was released on 2009-12-16 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.
