Reforming Law Reform

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9888208241
Total Pages : 293 pages
Book Rating : 4.8/5 (882 download)

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Book Synopsis Reforming Law Reform by : Michael Tilbury

Download or read book Reforming Law Reform written by Michael Tilbury and published by Hong Kong University Press. This book was released on 2014-01-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission

Reforming Family Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110849661X
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reforming Family Law by : Dörthe Engelcke

Download or read book Reforming Family Law written by Dörthe Engelcke and published by Cambridge University Press. This book was released on 2019-03-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.

Legal Traditions, Legal Reforms and Economic Performance

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Publisher : Springer
ISBN 13 : 3319670417
Total Pages : 255 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Legal Traditions, Legal Reforms and Economic Performance by : Daniel Oto-Peralías

Download or read book Legal Traditions, Legal Reforms and Economic Performance written by Daniel Oto-Peralías and published by Springer. This book was released on 2017-10-04 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes. After conducting a critical review of the legal origins literature, the authors first analyze the evolution of legal rules and regulations during the last decade (2006-2014). For that purpose, the book uses legal/regulatory indicators from the World Bank's Doing Business Project (2015). The findings indicate that countries have actively reformed their legal systems during this period, particularly French civil law countries. A process of convergence in the evolution of legal rules and regulations is observed: countries starting in 2006 in a lower position have improved more than countries with better initial scores. Also, French civil law countries have reformed their legal systems to a larger extent than common law countries and, consequently, have improved more in the majority of the Doing Business indicators used. Second, the authors estimate fixed-effects panel regressions to analyze the relationship between changes in legal rules and regulations and changes in the real economy. The findings point to a lack of systematic effects of legal rules and regulations on economic and financial outcomes. This result stands in contrast to the widespread belief that reforms aiming to strengthen investor and creditor rights (and other market-friendly policies) systematically lead to better economic and financial outcomes.

Reforming Juvenile Justice

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Author :
Publisher : National Academies Press
ISBN 13 : 0309278937
Total Pages : 463 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Reforming Juvenile Justice by : National Research Council

Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.

Eleventh programme of law reform

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Publisher : The Stationery Office
ISBN 13 : 9780102974621
Total Pages : 52 pages
Book Rating : 4.9/5 (746 download)

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Book Synopsis Eleventh programme of law reform by : Great Britain: Law Commission

Download or read book Eleventh programme of law reform written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-07-19 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife

Women, Business and the Law 2021

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Publisher : World Bank Publications
ISBN 13 : 1464816530
Total Pages : 381 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Women, Business and the Law 2021 by : World Bank

Download or read book Women, Business and the Law 2021 written by World Bank and published by World Bank Publications. This book was released on 2021-04-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

Reforming Marine and Commercial Insurance Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 100028588X
Total Pages : 360 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Reforming Marine and Commercial Insurance Law by : Baris Soyer

Download or read book Reforming Marine and Commercial Insurance Law written by Baris Soyer and published by Taylor & Francis. This book was released on 2020-10-28 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.

To Reform the World

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Publisher : Oxford University Press
ISBN 13 : 0198757964
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis To Reform the World by : Guy Fiti Sinclair

Download or read book To Reform the World written by Guy Fiti Sinclair and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.

Reforming European Data Protection Law

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Author :
Publisher : Springer
ISBN 13 : 9401793859
Total Pages : 409 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Reforming European Data Protection Law by : Serge Gutwirth

Download or read book Reforming European Data Protection Law written by Serge Gutwirth and published by Springer. This book was released on 2014-11-17 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.

The New EU Judiciary

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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.

Reforming Justice

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Publisher : Cambridge University Press
ISBN 13 : 9781107661035
Total Pages : 382 pages
Book Rating : 4.6/5 (61 download)

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Book Synopsis Reforming Justice by : Livingston Armytage

Download or read book Reforming Justice written by Livingston Armytage and published by Cambridge University Press. This book was released on 2014-01-02 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the disappointing results of fifty years of judicial reform, evidence from Asia suggests that a shift in justice reform efforts could result in important progress being made. Livingston Armytage argues that reform should focus on promoting fairness and equity, as opposed to economic growth and good governance. Justice is constitutive to human wellbeing and cannot be trumped by economics. Finding a balance between utility and aggregate wellbeing on the one hand and equity and individual wellbeing on the other is at the crux of this important book.

Labour Law Reforms in India

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Author :
Publisher : Taylor & Francis
ISBN 13 : 135105886X
Total Pages : 314 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Labour Law Reforms in India by : Anamitra Roychowdhury

Download or read book Labour Law Reforms in India written by Anamitra Roychowdhury and published by Taylor & Francis. This book was released on 2018-03-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India’s ‘jobless growth’ may be attributed to labour laws. There is a pervasive view that the country’s low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers’ bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers’ rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.

Legal Reforms in China and Vietnam

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Author :
Publisher : Routledge
ISBN 13 : 1136978429
Total Pages : 436 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Legal Reforms in China and Vietnam by : John Gillespie

Download or read book Legal Reforms in China and Vietnam written by John Gillespie and published by Routledge. This book was released on 2010-09-13 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

China's Socialist Rule of Law Reforms Under Xi Jinping

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Author :
Publisher : Routledge
ISBN 13 : 1317354176
Total Pages : 284 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis China's Socialist Rule of Law Reforms Under Xi Jinping by : John Garrick

Download or read book China's Socialist Rule of Law Reforms Under Xi Jinping written by John Garrick and published by Routledge. This book was released on 2016-01-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Venturing to Do Justice

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Author :
Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.:/5 (32 download)

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Book Synopsis Venturing to Do Justice by : Robert E. Keeton

Download or read book Venturing to Do Justice written by Robert E. Keeton and published by Cambridge : Harvard University Press. This book was released on 1969 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it. In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures. The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform. The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside. This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

Reforming Higher Education

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400770286
Total Pages : 229 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Reforming Higher Education by : Christine Musselin

Download or read book Reforming Higher Education written by Christine Musselin and published by Springer Science & Business Media. This book was released on 2013-10-07 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the reforms that led to a differentiated landscape of higher education systems after university practices and governance were considered poorly adapted to contemporary settings and to their new missions. This has led to a growing institutional differentiation in many higher education systems. This differentiation has certainly contributed to making the institutional landscape more diverse across and within higher education systems. This book covers this diversity. Each part corresponds to a different but complementary way of looking at reforms and highlights what can be learnt on specific cases by adopting a specific perspective. The first part analyzes the ongoing reforms and their evolution, identifies their internal contradictions, as well as the redefinitions and reorientations they experience, and reveals the ideas, representations, ideologies and theories on which they are built. The second part includes comparison between countries but also other comparative perspectives such as how one reform is developed in different regions of the same country, as well as how comparable reforms are declined to different sectors. The last part addresses the impact of the reforms. What is known about the effectiveness of such instruments on higher education systems? This part shows that reforms provoke new power games and reconfigure power relations.

Reforming the UN Security Council Membership

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Author :
Publisher : Routledge
ISBN 13 : 1135137080
Total Pages : 346 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Reforming the UN Security Council Membership by : Sabine Hassler

Download or read book Reforming the UN Security Council Membership written by Sabine Hassler and published by Routledge. This book was released on 2012-12-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council’s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members’ behalf. This book offers an inquiry into the Council’s constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today’s, and possibly tomorrow’s, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised. Reforming the UN Security Council Membership will be of particular interest to scholars and students of International Law and International Relations.