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Policy And Pragmatism In The Conflict Of Laws
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Book Synopsis Policy and Pragmatism in the Conflict of Laws by : Michael J. Whincop
Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.
Book Synopsis Private International Law by : Symeon C. Symeonides
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Book Synopsis Renascent Pragmatism by : Alfonso Morales
Download or read book Renascent Pragmatism written by Alfonso Morales and published by Routledge. This book was released on 2017-07-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.
Book Synopsis From Principles to Pragmatism by : P. S. Atiyah
Download or read book From Principles to Pragmatism written by P. S. Atiyah and published by . This book was released on 1978 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Hague Judgments Convention and Commonwealth Model Law by : Abubakri Yekini
Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Book Synopsis Pragmatism and Law by : Michal Alberstein
Download or read book Pragmatism and Law written by Michal Alberstein and published by Routledge. This book was released on 2017-03-02 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
Book Synopsis A Conflict-of-laws Anthology by : Gene R. Shreve
Download or read book A Conflict-of-laws Anthology written by Gene R. Shreve and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology provides an introduction to the traditions, themes, and main arguments in the conflicts literature. A Conflict of Laws Anthology is systematic, comprehensive, and up-to-date. Over seventy selections present the work of leading conflicts scholars from Story and Beale to those writing today. The selections are carefully edited, systematically arranged by chapter and topic, and accompanied by Professor Shreve's meticulous commentary. The book also features numerous aids, including an extensive bibliography, an informative index, and a table of cases that will enable students to tie readings to conflicts course work.
Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner
Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Book Synopsis From Theory to Practice in Private International Law by : Justin Borg-Barthet
Download or read book From Theory to Practice in Private International Law written by Justin Borg-Barthet and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Book Synopsis The Hague Trusts Convention by : Jonathan Harris
Download or read book The Hague Trusts Convention written by Jonathan Harris and published by Bloomsbury Publishing. This book was released on 2002-05-04 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner
Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by . This book was released on 2003-03-31 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.
Book Synopsis The Internationalisation of Competition Rules by : Brendan J. Sweeney
Download or read book The Internationalisation of Competition Rules written by Brendan J. Sweeney and published by Routledge. This book was released on 2009-09-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
Book Synopsis The Nature and Enforcement of Choice of Court Agreements by : Mukarrum Ahmed
Download or read book The Nature and Enforcement of Choice of Court Agreements written by Mukarrum Ahmed and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Book Synopsis Private International Law, Art and Cultural Heritage by : Christa Roodt
Download or read book Private International Law, Art and Cultural Heritage written by Christa Roodt and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co
Book Synopsis Pragmatism In Law And Society by : Michael Brint
Download or read book Pragmatism In Law And Society written by Michael Brint and published by Westview Press. This book was released on 1991-12-29 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A work which addresses the question: What constructive role can pragmatism play, either in structuring public debate or in dealing with life'. The contributors examine what pragmatism can offer in the way of a positive social programme in the field of law and political science.
Download or read book 冲突法的博弈分析 written by 徐伟功著 and published by BEIJING BOOK CO. INC.. This book was released on 2021-11-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 本书运用了静态博弈、动态博弈和重复博弈等模型，尤其是运用了囚徒困境这一特殊的博弈模型，分析了冲突法的三个主要领域，即国际民事管辖权、法律适用和外国法院的判决的承认与执行。
Book Synopsis Principles of Conflict of Laws by : CLYDE. SPILLENGER
Download or read book Principles of Conflict of Laws written by CLYDE. SPILLENGER and published by West Academic Publishing. This book was released on 2020-09 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Concise Hornbook guides students through the complex concepts and principles underlying the law of domestic and international conflicts. The book is an indispensable aid to students and practitioners seeking to better understand the basic principles of choice of law, recognition of judgments, and the law applied in federal courts, as well as more specific developments concerning conflicts in family law, cyberspace, and international transactions.
