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Author : Celine Joisten
Publisher :
ISBN 13 : 9782807942325
Total Pages : 0 pages
Book Rating : 4.9/5 (423 download)
Download or read book L'incertitude causale en droit de la responsabilité civile written by Celine Joisten and published by . This book was released on 2024-02-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Olivier Guillod
Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.F/5 ( download)
Download or read book Développements récents du droit de la responsabilité civile written by Olivier Guillod and published by . This book was released on 1991 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jean-Louis Baudouin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508426
Total Pages : 142 pages
Book Rating : 4.4/5 (35 download)
Download or read book Tort Law in Quebec written by Jean-Louis Baudouin and published by Kluwer Law International B.V.. This book was released on 2018-12-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author :
Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.F/5 ( download)
Download or read book Analyse de Politiques written by and published by . This book was released on 1992 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles E. Neu
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.X/5 (4 download)
Download or read book After Vietnam written by Charles E. Neu and published by . This book was released on 2000-06-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to understand the impact of the Vietnam War on America began soon after it ended, and they continue to the present day. In After Vietnam four distinguished scholars focus on different elements of the war's legacy, while one of the major architects of the conflict, former defense secretary Robert S. McNamara, contributes a final chapter pondering foreign policy issues of the twenty-first century. In the book's opening chapter, Charles E. Neu explains how the Vietnam War changed Americans' sense of themselves: challenging widely-held national myths, the war brought frustration, disillusionment, and a weakening of Americans' sense of their past and vision for the future. Brian Balogh argues that Vietnam became such a powerful metaphor for turmoil and decline that it obscured other forces that brought about fundamental changes in government and society. George C. Herring examines the postwar American military, which became nearly obsessed with preventing "another Vietnam." Robert K. Brigham explores the effects of the war on the Vietnamese, as aging revolutionary leaders relied on appeals to "revolutionary heroism" to justify the communist party's monopoly on political power. Finally, Robert S. McNamara, aware of the magnitude of his errors and burdened by the war's destructiveness, draws lessons from his experience with the aim of preventing wars in the future.
Author : Academie De Droit International De Le Haye
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792307228
Total Pages : 426 pages
Book Rating : 4.3/5 (72 download)
Download or read book Recueil des Cours - Collected Courses written by Academie De Droit International De Le Haye and published by Martinus Nijhoff Publishers. This book was released on 1990-03-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
Author : Lara Khoury
Publisher : Bloomsbury Publishing
ISBN 13 : 184731273X
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)
Download or read book Uncertain Causation in Medical Liability written by Lara Khoury and published by Bloomsbury Publishing. This book was released on 2006-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
Author : Başak Başoğlu
Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287166517
Total Pages : 78 pages
Book Rating : 4.1/5 (665 download)
Download or read book The Cancellation of Election Results written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2010-01-01 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electoral law, like all other fields of law, Is effective only if it provides for sanctions. The cancellation of elections results, The most serious of sanctions, Is in general linked To The most serious of irregularities, especially when its effects are felt beyond a small constituency. However, small technical inaccuracies may affect election results if the difference in votes is minimal, As recent examples such as the notorious 2000 United States presidential elections have shown. This book aims to determine when electoral disputes should lead to such a consequence, based on the practice of national, constitutional and supreme courts throughout Europe, As well as on the practice of the European Court of Human Rights. This publication contains the reports presented at the Seminar on Cancellation of Election Results, organised by the Venice Commission in co-operation with the Constitutional Court of Malta And The Maltese Ministry of Justice and Home Affairs, On 14 and 15 November 2008.
Author : ITLOS
Publisher : Brill | Nijhoff
ISBN 13 : 9789004195288
Total Pages : 0 pages
Book Rating : 4.1/5 (952 download)
Download or read book Pleadings, Minutes of Public Sittings and Documents / Mémoires, procès-verbaux des audiences publiques et documents, Volume 12 (2004) written by ITLOS and published by Brill | Nijhoff. This book was released on 2010-04-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Juno Trader” Case (Saint Vincent and the Grenadines v. Guinea-Bissau), Prompt Release. The documents are reproduced in their original language. The Tribunal delivered its Judgment on 18 December 2004. It is published in Reports of Judgments, Advisory Opinions and Orders 2004 (ITLOS Reports 2004). Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’Affaire du « Juno Trader » (Saint-Vincent-et-les Grenadines c. Guinée-Bissau), prompte mainlevée. Les documents sont reproduits dans la langue originale utilisée. Le Tribunal a rendu son arrêt le 18 décembre 2004. L’arrêt est publié dans Recueil des arrêts, avis consultatifs et ordonnances 2004 (TIDM Recueil 2004).
Author : Jeff Spinner-Halev
Publisher : Cambridge University Press
ISBN 13 : 1107017513
Total Pages : 247 pages
Book Rating : 4.1/5 (7 download)
Download or read book Enduring Injustice written by Jeff Spinner-Halev and published by Cambridge University Press. This book was released on 2012-04-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that understanding the impact of past injustices faced by some peoples can help us understand and overcome injustice today.
Author :
Publisher :
ISBN 13 :
Total Pages : 548 pages
Book Rating : 4.F/5 ( download)
Download or read book Revue de droit written by and published by . This book was released on 1991 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard R. Boxill
Publisher : Rowman & Littlefield
ISBN 13 : 9780847677108
Total Pages : 308 pages
Book Rating : 4.6/5 (771 download)
Download or read book Blacks and Social Justice written by Bernard R. Boxill and published by Rowman & Littlefield. This book was released on 1992 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delineate the principal arguments for and against the major racial issues of our time.
Author : Andrea Maloney Schara
Publisher :
ISBN 13 : 9780615928791
Total Pages : 318 pages
Book Rating : 4.9/5 (287 download)
Download or read book Your Mindful Compass written by Andrea Maloney Schara and published by . This book was released on 2013-12-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Your Mindful Compass" takes us behind the emotional curtain to see the mechanisms regulating individuals in social systems. There is great comfort and wisdom in knowing we can increase our awareness to manage the swift and ancient mechanisms of social control. We can gain greater flexibility by seeing how social controls work in systems from ants to humans. To be less controlled by others, we learn how emotional systems influence our relationship-oriented brain. People want to know what goes on in families that give rise to amazing leaders and/or terrorists. For the first time in history we can understand the systems in which we live. The social sciences have been accumulating knowledge since the early fifties as to how we are regulated by others. S. Milgram, S. Ashe, P. Zimbardo and J. Calhoun, detail the vulnerability to being duped and deceived and the difficulty of cooperating when values differ. Murray Bowen, M.D., the first researcher to observe several live-in families, for up to three years, at the National Institute of Mental Health. Describing how family members overly influence one another and distribute stress unevenly, Bowen described both how symptoms and family leaders emerge in highly stressed families. Our brain is not organized to automatically perceive that each family has an emotional system, fine-tuned by evolution and "valuing" its survival as a whole, as much as the survival of any individual. It is easier to see this emotional system function in ants or mice but not in humans. The emotional system is organized to snooker us humans: encouraging us to take sides, run away from others, to pressure others, to get sick, to blame others, and to have great difficulty in seeing our part in problems. It is hard to see that we become anxious, stressed out and even that we are difficult to deal with. But "thinking systems" can open the doors of perception, allowing us to experience the world in a different way. This book offers both coaching ideas and stories from leaders as to strategies to break out from social control by de-triangling, using paradoxes, reversals and other types of interruptions of highly linked emotional processes. Time is needed to think clearly about the automatic nature of the two against one triangle. Time and experience is required as we learn strategies to put two people together and get self outside the control of the system. In addition, it takes time to clarify and define one's principles, to know what "I" will or will not do and to be able to take a stand with others with whom we are very involved. The good news is that systems' thinking is possible for anyone. It is always possible for an individual to understand feelings and to integrate them with their more rational brains. In so doing, an individual increases his or her ability to communicate despite misunderstandings or even rejection from important others. The effort involved in creating your Mindful Compass enables us to perceive the relationship system without experiencing it's threats. The four points on the Mindful Compass are: 1) Action for Self, 2) Resistance to Forward Progress, 3) Knowledge of Social Systems and the 4) The Ability to Stand Alone. Each gives us a view of the process one enters when making an effort to define a self and build an emotional backbone. It is not easy to find our way through the social jungle. The ability to know emotional systems well enough to take a position for self and to become more differentiated is part of the natural way humans cope with pressure. Now people can use available knowledge to build an emotional backbone, by thoughtfully altering their part in the relationship system. No one knows how far one can go by making an effort to be more of a self-defined individual in relationships to others. Through increasing emotional maturity, we can find greater individual freedom at the same time that we increase our ability to cooperate and to be close to others.
Author : Cass R. Sunstein
Publisher : Oxford University Press
ISBN 13 : 0195353498
Total Pages : 233 pages
Book Rating : 4.1/5 (953 download)
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Author : Eva Brems
Publisher : Cambridge University Press
ISBN 13 : 1139851845
Total Pages : 499 pages
Book Rating : 4.1/5 (398 download)
Download or read book Diversity and European Human Rights written by Eva Brems and published by Cambridge University Press. This book was released on 2012-11-22 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.
Author : Ian Brownlie
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110688
Total Pages : 264 pages
Book Rating : 4.1/5 (16 download)
Download or read book The Rule of Law in International Affairs written by Ian Brownlie and published by Martinus Nijhoff Publishers. This book was released on 1998-08-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
