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Methodo Du Droit
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Book Synopsis The Methodology of Maurice Hauriou by : Christopher B. Gray
Download or read book The Methodology of Maurice Hauriou written by Christopher B. Gray and published by Rodopi. This book was released on 2010-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Book Synopsis The Roots of International Law / Les fondements du droit international by :
Download or read book The Roots of International Law / Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Book Synopsis The Method and Culture of Comparative Law by : Maurice Adams
Download or read book The Method and Culture of Comparative Law written by Maurice Adams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awareness of the need to deepen the method and methodology of legal research is only recent. The same is true for comparative law, by nature a more adventurous branch of legal research, which is often something researchers simply do, whenever they look at foreign legal systems to answer one or more of a range of questions about law, whether these questions are doctrinal, economic, sociological, etc. Given the diversity of comparative research projects, the precise contours of the methods employed, or the epistemological issues raised by them, are to a great extent a function of the nature of the research questions asked. As a result, the search for a unique, one-size-fits-all comparative law methodology is unlikely to be fruitful. That however does not make reflection on the method and culture of comparative law meaningless. Mark Van Hoecke has, throughout his career, been interested in many topics, but legal theory, comparative law and methodology of law stand out. Building upon his work, this book brings together a group of leading authors working at the crossroads of these themes: the method and culture of comparative law. With contributions by: Maurice Adams, John Bell, Joxerramon Bengoetxea, Roger Brownsword, Seán Patrick Donlan, Rob van Gestel and Hans Micklitz, Patrick Glenn, Jaap Hage, Dirk Heirbaut, Jaakko Husa, Souichirou Kozuka and Luke Nottage, Martin Löhnig, Susan Millns, Toon Moonen, Francois Ost, Heikki Pihlajamäki, Geoffrey Samuel, Mathias Siems, Jørn Øyrehagen Sunde, Catherine Valcke and Matthew Grellette, Alain Wijffels.
Book Synopsis Conceptions Contemporaines Du Droit by :
Download or read book Conceptions Contemporaines Du Droit written by and published by . This book was released on 1983 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028608023 Total Pages :842 pages Book Rating :4.6/5 (8 download)
Book Synopsis Recueil Des Cours, Collected Courses 1933 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1933 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 842 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Analogies in International Investment Law and Arbitration by : Valentina Vadi
Download or read book Analogies in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
Book Synopsis Epistemology and Method in Law by : Geoffrey Samuel
Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Book Synopsis Asylum and International Law by : S.Prakash Sinha
Download or read book Asylum and International Law written by S.Prakash Sinha and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Normative Plurality in International Law by : Carlos Iván Fuentes
Download or read book Normative Plurality in International Law written by Carlos Iván Fuentes and published by Springer. This book was released on 2016-09-02 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.
Book Synopsis Research in the History of Economic Thought and Methodology by : Luca Fiorito
Download or read book Research in the History of Economic Thought and Methodology written by Luca Fiorito and published by Emerald Group Publishing. This book was released on 2020-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Including chapters on British public debt in the 19th century, French financial controversies in the mid-1800s, and a thoughtful reflection on the USA's New Deal, this volume is a global exploration of public finance history. For researchers interested in the history of economics, this is an essential read containing the most up-to-date research.
Book Synopsis The Methodology of Legal Theory by : Michael Giudice
Download or read book The Methodology of Legal Theory written by Michael Giudice and published by Routledge. This book was released on 2017-07-05 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Book Synopsis A Landscape of Contemporary Theories of International Law by : Emmanuel Roucounas
Download or read book A Landscape of Contemporary Theories of International Law written by Emmanuel Roucounas and published by BRILL. This book was released on 2019-09-16 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
Book Synopsis Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability by : Cyril-Igor Grigorieff
Download or read book Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability written by Cyril-Igor Grigorieff and published by Kluwer Law International B.V.. This book was released on 2022-05-12 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1999 Montreal Convention is the most recent in-force treaty to regulate several important aspects of international air carrier liability in a uniform manner. This book examines in detail to what extent the 1999 Montreal Convention’s aim of uniformity has been achieved. To this end, it scrutinizes the exact scope of this aim and analyses the factors that may have prevented it from being fully achieved. It studies the wording of the treaty and its predecessors, their travaux préparatoires, the judicial decisions of numerous civil and common law jurisdictions, as well as various other interpretative tools. Among many others, themes addressed in this study include: exclusivity; the autonomy of terms used; translation issues; accident; bodily injury; damage; delay; consumer rights; the 1969 Vienna Convention on the Law of Treaties; hermeneutics; the Warsaw System; regional air law (including EU Regulation 261/2004); and algorithms. The study also suggests ways to reduce the fragmentation of the 1999 Montreal Convention with a series of directly applicable recommendations, and an analysis of what Artificial Intelligence could mean for the future. This book, which is intended to be practical, is aimed at all lawyers well-versed in aviation law as well as aviation enthusiasts. They will find it a useful tool for interpreting the 1999 Montreal Convention in a manner consistent with its ambition, as well as recent case law from all continents on hot topics.
Book Synopsis Paradigms in Modern European Comparative Law by : Balázs Fekete
Download or read book Paradigms in Modern European Comparative Law written by Balázs Fekete and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.
Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Book Synopsis L'interprétation des traités d'après la Convention de Vienne sur le droit des traités by :
Download or read book L'interprétation des traités d'après la Convention de Vienne sur le droit des traités written by and published by Martinus Nijhoff Publishers. This book was released on 1978-02-14 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Theory of International Law by : Robert Kolb
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
