Multijuralism

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Multijuralism

Author : Albert Breton
Publisher : Routledge
ISBN 13 : 1351152866
Total Pages : 205 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Multijuralism by : Albert Breton

Download or read book Multijuralism written by Albert Breton and published by Routledge. This book was released on 2017-11-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.

Language Choice in Postcolonial Law

Author : Richard Powell
Publisher : Springer Nature
ISBN 13 : 981151173X
Total Pages : 316 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Language Choice in Postcolonial Law by : Richard Powell

Download or read book Language Choice in Postcolonial Law written by Richard Powell and published by Springer Nature. This book was released on 2020-02-24 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?

Bijuralism

Author : Albert Breton
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754647249
Total Pages : 250 pages
Book Rating : 4.6/5 (472 download)

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Book Synopsis Bijuralism by : Albert Breton

Download or read book Bijuralism written by Albert Breton and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bijuralism is the coexistence of two or more legal systems or subsystems within a broader legal order. Issues addressed in papers and comments in this volume carry important implications for legal education and for a furthering of our understanding of bijuralism and multijuralism.

Implementation of the Small-Scale Fisheries Guidelines

Author : Julia Nakamura
Publisher : Springer Nature
ISBN 13 : 3031567161
Total Pages : 498 pages
Book Rating : 4.0/5 (315 download)

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Book Synopsis Implementation of the Small-Scale Fisheries Guidelines by : Julia Nakamura

Download or read book Implementation of the Small-Scale Fisheries Guidelines written by Julia Nakamura and published by Springer Nature. This book was released on with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public International Law

Author : John H. Currie
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Public International Law by : John H. Currie

Download or read book Public International Law written by John H. Currie and published by . This book was released on 2008 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition is a significant revision of the 2001 text and is a systematic introduction to the international legal system.

Multijuralism

Author : Albert Breton
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409496929
Total Pages : 252 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Multijuralism by : Albert Breton

Download or read book Multijuralism written by Albert Breton and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism, this volume also considers the external events which are not part of the processes of multijural adjustment but which serve to influence these processes.

Insiders, Outsiders, Injuries, and Law

Author : Mary Nell Trautner
Publisher : Cambridge University Press
ISBN 13 : 1316990745
Total Pages : 317 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Insiders, Outsiders, Injuries, and Law by : Mary Nell Trautner

Download or read book Insiders, Outsiders, Injuries, and Law written by Mary Nell Trautner and published by Cambridge University Press. This book was released on 2018-01-11 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central theme of law and society is that people's ideas about law and the decisions they make to mobilize law are shaped by community norms and cultural context. But this was not always an established concept. Among the first empirical pieces to articulate this theory was David Engel's 1984 article, 'The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community'. Over thirty years later, this article is now widely considered to be part of the law and society canon. This book argues that Engel's article succeeds so brilliantly because it integrates a wide variety of issues, such as cultural transformation, attitudes about law, dispute processing, legal consciousness, rights mobilization, inclusion and exclusion, and inequality. Contributors to this volume explore the influence of Engel's important work, engaging with the possibilities in its challenging hypotheses and provocative omissions related to the legal system and legal process, class conflict and difference, and law in other cultures.

Forms of Pluralism and Democratic Constitutionalism

Author : Jean L. Cohen
Publisher : Columbia University Press
ISBN 13 : 0231546955
Total Pages : 669 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Forms of Pluralism and Democratic Constitutionalism by : Jean L. Cohen

Download or read book Forms of Pluralism and Democratic Constitutionalism written by Jean L. Cohen and published by Columbia University Press. This book was released on 2018-09-25 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.

Society and Nation in Transnational Processes in Europe

Author : Adam Jarosz
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443883352
Total Pages : 350 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Society and Nation in Transnational Processes in Europe by : Adam Jarosz

Download or read book Society and Nation in Transnational Processes in Europe written by Adam Jarosz and published by Cambridge Scholars Publishing. This book was released on 2015-09-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern nation is an organisational form of society that has undergone numerous changes throughout history. The concept of the nation in Europe in the nineteenth century has been posed and answered in the past, but, as the basic conditions of its existence change, it is essential that this important question be asked again. Without doubt, the modern nation realizes the promises of solidarity and community which are so attractive to the masses, and has a profound effect on identity formation. Without these structures originally put in place by civil society, self-organization as the implementation of national thought is unimaginable. Understanding the necessity and the possibility of the designability of society through the idea of nation and the functionality of civil society determines the strength and stability of the national movement.

Applied Legal Pluralism

Author : Ghislain Otis
Publisher : Taylor & Francis
ISBN 13 : 100060912X
Total Pages : 234 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Applied Legal Pluralism by : Ghislain Otis

Download or read book Applied Legal Pluralism written by Ghislain Otis and published by Taylor & Francis. This book was released on 2022-07-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.

Indigenous Water Rights in Law and Regulation

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Muslim Family Law in Western Courts

Author : Elisa Giunchi
Publisher : Routledge
ISBN 13 : 1317750314
Total Pages : 212 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Muslim Family Law in Western Courts by : Elisa Giunchi

Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Creating Indigenous Property

Author : Angela Cameron
Publisher : University of Toronto Press
ISBN 13 : 1487523823
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Canada, there is an increased push toward the privatization of Indigenous lands, a problematic development given how central land is to Indigenous societies, cultures, and legal systems. Further complicating this situation is the unique position of Indigenous peoples and the blurred line between private and public law when it comes to analyzing land claims. Furthermore, what is private and what is public is not a clear distinction within Indigenous law, an issue scholars and practitioners are wrestling with more and more. The question that runs through many of the debates around this issue is whether the move towards privatization is a manifestation of the negative forces of capitalism at work or an economic engine the Indigenous peoples can take advantage of to rectify the systemic effects of colonization."--

Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 1316865452
Total Pages : 532 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Comparative Law by : Mathias Siems

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2018-04-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

The New EU Judiciary

Author : Emmanuel Guinchard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168400
Total Pages : 549 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The New EU Judiciary by : Emmanuel Guinchard

Download or read book The New EU Judiciary written by Emmanuel Guinchard and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

The Mimetic Evolution of the Court of Justice of the EU

Author : Leonardo Pierdominici
Publisher : Springer Nature
ISBN 13 : 3030478645
Total Pages : 418 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The Mimetic Evolution of the Court of Justice of the EU by : Leonardo Pierdominici

Download or read book The Mimetic Evolution of the Court of Justice of the EU written by Leonardo Pierdominici and published by Springer Nature. This book was released on 2020-07-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.

Language and Legal Interpretation in International Law

Author : Anne Lise Kjaer
Publisher : Oxford University Press
ISBN 13 : 0190855223
Total Pages : 361 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Language and Legal Interpretation in International Law by : Anne Lise Kjaer

Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022-03-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.