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Author : Adriaan Willem Bedner
Publisher :
ISBN 13 : 9789400603318
Total Pages : pages
Book Rating : 4.6/5 (33 download)
Download or read book Real Legal Certainty and Its Relevance written by Adriaan Willem Bedner and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adriaan Bedner
Publisher : Leiden University Press
ISBN 13 : 9789087283155
Total Pages : 0 pages
Book Rating : 4.2/5 (831 download)
Download or read book Real Legal Certainty and Its Relevance written by Adriaan Bedner and published by Leiden University Press. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of "real legal certainty" provides a much-needed corrective to the general attention legal certainty currently receives, emphasizing relations between citizens, adding socio-legal insight, and providing a "view from below" Real legal certainty thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University's professor of law and governance in developing countries Jan Michiel Otto, and can be considered a central pillar of his work. In this volume, friends and colleagues of Otto engage with the concept of real legal certainty against the backdrop of an ever-increasing interest in legal certainty in policy-making and academia, providing a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking non-state actors into account. In all, the volume is important reading for all whom share Otto's interest in translating law in the books and into law in action.
Author : Adriaan Willem Bedner
Publisher :
ISBN 13 : 9789400603301
Total Pages : pages
Book Rating : 4.6/5 (33 download)
Download or read book Real Legal Certainty and Its Relevance written by Adriaan Willem Bedner and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Raitio
Publisher : Springer Science & Business Media
ISBN 13 : 9401703531
Total Pages : 469 pages
Book Rating : 4.4/5 (17 download)
Download or read book The Principle of Legal Certainty in EC Law written by J. Raitio and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
Author : Mark Fenwick
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911278
Total Pages : 461 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Author : Mark Fenwick
Publisher : Springer
ISBN 13 : 9811001146
Total Pages : 194 pages
Book Rating : 4.8/5 (11 download)
Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Author :
Publisher : Oxford University Press
ISBN 13 : 0198898940
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Individual in International Law written by and published by Oxford University Press. This book was released on 2024-03-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author : Marie-Claire Foblets
Publisher : Oxford University Press
ISBN 13 : 0198840535
Total Pages : 993 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Oxford Handbook of Law and Anthropology written by Marie-Claire Foblets and published by Oxford University Press. This book was released on 2022 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
Author : Aksel Tømte
Publisher : Taylor & Francis
ISBN 13 : 1040022820
Total Pages : 196 pages
Book Rating : 4.0/5 (4 download)
Download or read book International Human Rights and Local Courts written by Aksel Tømte and published by Taylor & Francis. This book was released on 2024-04-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.
Author :
Publisher : Oxford University Press
ISBN 13 : 0198898940
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Individual in International Law written by and published by Oxford University Press. This book was released on 2024-03-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author : Cristina Grasseni
Publisher : Routledge
ISBN 13 : 1000484890
Total Pages : 237 pages
Book Rating : 4.0/5 (4 download)
Download or read book Audiovisual and Digital Ethnography written by Cristina Grasseni and published by Routledge. This book was released on 2021-11-29 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Audiovisual and Digital Ethnography is a state-of-the-art introduction to this dynamic and growing subject. The authors explain its fundamental aspects in a clear and systematic way. The chapters cover topics including: learning to see and listen in the field and the role of sensory attention the mediation of the senses doing anthropological fieldwork with video observational filmmaking ethnographic drawing multimodal anthropology digital ethnography interactive documentary the ethics and management of audiovisual and digital data. The result is a much-needed, up-to-date and concise guide to both the fundamental skills required for audiovisual and digital ethnographic production and the essential theoretical knowledge relating to this. It will be particularly useful for students and scholars in the fields of Anthropology, Sociology, Cultural Studies, Social Sciences, Media, Design, Art Practice and Sound Studies.
Author : Elina Paunio
Publisher : Routledge
ISBN 13 : 1317106350
Total Pages : 352 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Author : Bartosz Brożek
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921323
Total Pages : 535 pages
Book Rating : 4.8/5 (39 download)
Download or read book Research Handbook on Law and Technology written by Bartosz Brożek and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.
Author : Zhiqiong June Wang
Publisher : BRILL
ISBN 13 : 900433128X
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)
Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.
Author : Koen Lenaerts
Publisher : Bloomsbury Publishing
ISBN 13 : 1509975136
Total Pages : 391 pages
Book Rating : 4.5/5 (99 download)
Download or read book Shaping a Genuine Area of Freedom, Security and Justice written by Koen Lenaerts and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an ambitious assessment of the increasing importance of case law in the field of the Area of Freedom, Security and Justice on the evolution of EU law. In recent years the Area of Freedom, Security and Justice (AFSJ) has occupied an increasingly prominent place in the working of the European Union and by extension the Court of Justice (CJEU). Over three parts the book looks at the framework of the AFSJ, its workings, and finally the impact of EU law upon it. The collection provides remarkable insights into the growing importance of the AFSJ and how EU law has evolved in light of this.
Author : Astrid Lorenz
Publisher : Springer Nature
ISBN 13 : 3031663322
Total Pages : 423 pages
Book Rating : 4.0/5 (316 download)
Download or read book Narrating the Rule of Law written by Astrid Lorenz and published by Springer Nature. This book was released on with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tim Lindsey
Publisher : Routledge
ISBN 13 : 0429848145
Total Pages : 514 pages
Book Rating : 4.4/5 (298 download)
Download or read book Crime and Punishment in Indonesia written by Tim Lindsey and published by Routledge. This book was released on 2020-12-14 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.
