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Managing Legal Uncertainty
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Book Synopsis The Doctrine of Consistent Interpretation - Managing Legal Uncertainty by : Gerrit Betlem
Download or read book The Doctrine of Consistent Interpretation - Managing Legal Uncertainty written by Gerrit Betlem and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article reviews ECJ case law on the conceptualization and legal circumscription of the doctrine of consistent interpretation, reflecting its fundamental importance as a mode of giving effect to Community law before national authorities. Legal uncertainty, an inherent characteristic of the technique, should be reduced, it is argued, by improving the reasoning of the ECJ's judgments. In particular, a highly critical discussion of the Arcaro judgment concludes that its precedent value is very limited. A parallelism in approach to both consistent interpretation and direct effect is suggested. Partly, this has already been achieved insofar as the issue of expiry of the transposition period of directives is concerned. In addition, the article suggests a reform of the case law on consistent interpretation in actions by the State versus individuals and offers explanations for the seemingly inconsistent nature of the cases producing a horizontal impact of directives despite the lack of horizontal direct effect properly so-called (incidental effects). In considering whether the doctrine gives rise to unacceptable legal uncertainty, a comparison with the interpretive obligation under the UK Human Rights Act 1998 is made, which produces similar results.
Book Synopsis Managing Legal Uncertainty by : Ronen Shamir
Download or read book Managing Legal Uncertainty written by Ronen Shamir and published by . This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.
Book Synopsis Law, War and the Penumbra of Uncertainty by : Sam Selvadurai
Download or read book Law, War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.
Book Synopsis Judging Under Uncertainty by : Adrian Vermeule
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Book Synopsis Precedent and Statute by : Orlin Yalnazov
Download or read book Precedent and Statute written by Orlin Yalnazov and published by Springer. This book was released on 2018-11-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.
Book Synopsis VUCA and the Legal Environment of Business by : Robert C. Bird
Download or read book VUCA and the Legal Environment of Business written by Robert C. Bird and published by . This book was released on 2018 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal environment is a significant source of disruption for business. With this disruption also comes the opportunity for innovation by firms willing to understand how legal systems function. This manuscript shows how firms can respond to legal volatility, uncertainty, complexity, and ambiguity (VUCA) in order to capture value and manage risk. Firms can manage legal volatility by developing an agile organization that is able to exploit new regulatory opportunities before competitors. Firms can overcome legal uncertainty by harmonizing legal and business functions and embracing lawyers as a source of value. Effective management of legal complexity eliminates unnecessary confusion and optimizes the diffusion of legal knowledge so firms can respond better to legal challenges. Firms can thrive in legally ambiguous environments by careful experimentation and developing a learning organization. Law remains one of the last great sources of untapped competitive advantage, and managing legal VUCA successfully can keep a firm ahead of its rivals and promote innovation in the organization.
Book Synopsis Small and Medium Enterprises, Law and Business by : Jan Winczorek
Download or read book Small and Medium Enterprises, Law and Business written by Jan Winczorek and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies"--
Book Synopsis Legal Uncertainty and the Influence of Lawyers Within Hospitals by : Russell H. Miller
Download or read book Legal Uncertainty and the Influence of Lawyers Within Hospitals written by Russell H. Miller and published by . This book was released on 1984 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law, War and the Penumbra of Uncertainty by : Sam Selvadurai
Download or read book Law, War and the Penumbra of Uncertainty written by Sam Selvadurai and published by . This book was released on 2022 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Book Synopsis Uncertainty Management in Reference Interactions with Pro Se Law Library Users by : Paul D. Healey
Download or read book Uncertainty Management in Reference Interactions with Pro Se Law Library Users written by Paul D. Healey and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study applies uncertainty management theory to reference interactions between law librarians and pro se library users. Focus groups were conducted with law librarians to obtain data. The results showed that law librarians assisting pro se library users experienced uncertainty in multiple and complex forms, arising both from interacting with users and from institutional and legal requirements; that they appraised uncertainty for its meaning; managed their own uncertainties through various techniques; dealt with challenges to managing their uncertainty; and attempted to influence the uncertainty of pro se library users. The results also highlighted a significant gap between standard reference interaction practices and theory and the realities experienced in reference interactions with pro se library users.
Book Synopsis Managing Uncertainty in Mental Health Care by : José Silveira
Download or read book Managing Uncertainty in Mental Health Care written by José Silveira and published by Oxford University Press. This book was released on 2021 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The degree of complexity of the brain, mind and the environments in which humans live, would predict that mental health clinicians work in a perpetual state of uncertainty. That prediction would be wrong. To the contrary, in clinical practice our brains exhibit the same pedestrian bias towards irrational certainty. 1-5 Given the degree of complexity in the field of mental health, it is remarkable that we clinicians can assist anyone at all. Our professional training ratifies the scientific method in an attempt to protect us and those we treat from unwarranted certainty. Current training, however, appears to be inadequate to this task. The assessment and management of mental disorders, across specialists and non-specialists alike, is associated with ubiquitous feelings of certainty. Feeling certain despite the degree of inherent complexity and ambiguity. Feeling certain despite the rudimentary state of empirical knowledge. Feeling certain despite the absence of technologically objective methods to assist assessment or evaluate treatment results"--
Book Synopsis Law, War and the Penumbra of Uncertainty by : Sam Selvadurai
Download or read book Law, War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Book Synopsis Uncertainty in International Law by : Jörg Kammerhofer
Download or read book Uncertainty in International Law written by Jörg Kammerhofer and published by Routledge. This book was released on 2010-07-12 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.
Book Synopsis The Legal Negotiator by : Leo Hawkins
Download or read book The Legal Negotiator written by Leo Hawkins and published by . This book was released on 1991 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a legal approach, The Legal Negotiator lays out the basic concepts of the negotiation process and applies them to legal operations, thereby ensuring that lawyers become aware of the extent to which negotiation permeates legal practice. Written to provide lawyers with the framework to develop their skills in this important area, this book should be used as a checklist prior to negotiations.
Book Synopsis Uncertainty in Industrial Practice by : Etienne de Rocquigny
Download or read book Uncertainty in Industrial Practice written by Etienne de Rocquigny and published by John Wiley & Sons. This book was released on 2008-09-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing uncertainties in industrial systems is a daily challenge to ensure improved design, robust operation, accountable performance and responsive risk control. Authored by a leading European network of experts representing a cross section of industries, Uncertainty in Industrial Practice aims to provide a reference for the dissemination of uncertainty treatment in any type of industry. It is concerned with the quantification of uncertainties in the presence of data, model(s) and knowledge about the system, and offers a technical contribution to decision-making processes whilst acknowledging industrial constraints. The approach presented can be applied to a range of different business contexts, from research or early design through to certification or in-service processes. The authors aim to foster optimal trade-offs between literature-referenced methodologies and the simplified approaches often inevitable in practice, owing to data, time or budget limitations of technical decision-makers. Uncertainty in Industrial Practice: Features recent uncertainty case studies carried out in the nuclear, air & space, oil, mechanical and civil engineering industries set in a common methodological framework. Presents methods for organizing and treating uncertainties in a generic and prioritized perspective. Illustrates practical difficulties and solutions encountered according to the level of complexity, information available and regulatory and financial constraints. Discusses best practice in uncertainty modeling, propagation and sensitivity analysis through a variety of statistical and numerical methods. Reviews recent standards, references and available software, providing an essential resource for engineers and risk analysts in a wide variety of industries. This book provides a guide to dealing with quantitative uncertainty in engineering and modelling and is aimed at practitioners, including risk-industry regulators and academics wishing to develop industry-realistic methodologies.
Book Synopsis The Legal Framework of the OSCE by : Mateja Steinbrück Platise
Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
