The Quest For Core Values In The Application Of Legal Norms

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The Quest for Core Values in the Application of Legal Norms

Author : Khalid Ghanayim
Publisher : Springer Nature
ISBN 13 : 3030789535
Total Pages : 340 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis The Quest for Core Values in the Application of Legal Norms by : Khalid Ghanayim

Download or read book The Quest for Core Values in the Application of Legal Norms written by Khalid Ghanayim and published by Springer Nature. This book was released on 2021-10-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

Making Aggression a Crime Under Domestic Law

Author : Annegret Hartig
Publisher : Springer Nature
ISBN 13 : 946265591X
Total Pages : 526 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Making Aggression a Crime Under Domestic Law by : Annegret Hartig

Download or read book Making Aggression a Crime Under Domestic Law written by Annegret Hartig and published by Springer Nature. This book was released on 2023-03-13 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.

Honour-Based Violence and Forced Marriages

Author : Clara Rigoni
Publisher : Taylor & Francis
ISBN 13 : 1000631656
Total Pages : 216 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Honour-Based Violence and Forced Marriages by : Clara Rigoni

Download or read book Honour-Based Violence and Forced Marriages written by Clara Rigoni and published by Taylor & Francis. This book was released on 2022-08-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Mind and Rights

Author : Matthias Mahlmann
Publisher : Cambridge University Press
ISBN 13 : 1316877566
Total Pages : 515 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Mind and Rights by : Matthias Mahlmann

Download or read book Mind and Rights written by Matthias Mahlmann and published by Cambridge University Press. This book was released on 2023-02-16 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

Proceedings of the 2nd International Conference on Trends in Architecture and Construction

Author : Anurag Varma
Publisher : Springer Nature
ISBN 13 : 9819749883
Total Pages : 1472 pages
Book Rating : 4.8/5 (197 download)

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Book Synopsis Proceedings of the 2nd International Conference on Trends in Architecture and Construction by : Anurag Varma

Download or read book Proceedings of the 2nd International Conference on Trends in Architecture and Construction written by Anurag Varma and published by Springer Nature. This book was released on with total page 1472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Social Movements

Author : Michael McCann
Publisher : Routledge
ISBN 13 : 1351560735
Total Pages : 644 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and Social Movements by : Michael McCann

Download or read book Law and Social Movements written by Michael McCann and published by Routledge. This book was released on 2017-07-05 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

New Perspectives on the Divide Between National and International Law

Author : André Nollkaemper
Publisher : Oxford University Press, USA
ISBN 13 : 019923194X
Total Pages : 403 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis New Perspectives on the Divide Between National and International Law by : André Nollkaemper

Download or read book New Perspectives on the Divide Between National and International Law written by André Nollkaemper and published by Oxford University Press, USA. This book was released on 2007 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.

The Future of International Law

Author : Joel P. Trachtman
Publisher : Cambridge University Press
ISBN 13 : 1107035899
Total Pages : 317 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Future of International Law by : Joel P. Trachtman

Download or read book The Future of International Law written by Joel P. Trachtman and published by Cambridge University Press. This book was released on 2013-02-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Ruling the World?

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521514398
Total Pages : 431 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Ruling the World? by :

Download or read book Ruling the World? written by and published by Cambridge University Press. This book was released on with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Inquiry into the Existence of Global Values

Author : Dennis Davis
Publisher : Bloomsbury Publishing
ISBN 13 : 1849469180
Total Pages : 659 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis An Inquiry into the Existence of Global Values by : Dennis Davis

Download or read book An Inquiry into the Existence of Global Values written by Dennis Davis and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.

The Many Legalities of Early America

Author : Christopher L. Tomlins
Publisher : UNC Press Books
ISBN 13 : 0807839086
Total Pages : 479 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Many Legalities of Early America by : Christopher L. Tomlins

Download or read book The Many Legalities of Early America written by Christopher L. Tomlins and published by UNC Press Books. This book was released on 2012-12-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the transformation of many legalities into an increasingly uniform legal culture. Taken together, these essays reveal the extraordinary diversity and complexity of the roots of early America's legal culture. Contributors are Mary Sarah Bilder, Holly Brewer, James F. Brooks, Richard Lyman Bushman, Christine Daniels, Cornelia Hughes Dayton, David Barry Gaspar, Katherine Hermes, John G. Kolp, David Thomas Konig, James Muldoon, William M. Offutt Jr., Ann Marie Plane, A. G. Roeber, Terri L. Snyder, and Linda L. Sturtz.

Law and Corporate Behaviour

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255826
Total Pages : 831 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Corporate Behaviour by : Christopher Hodges

Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.

The Irish Yearbook of International Law, Volume 15, 2020

Author : Bríd Ní Ghráinne
Publisher : Bloomsbury Publishing
ISBN 13 : 1509966315
Total Pages : 277 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Irish Yearbook of International Law, Volume 15, 2020 by : Bríd Ní Ghráinne

Download or read book The Irish Yearbook of International Law, Volume 15, 2020 written by Bríd Ní Ghráinne and published by Bloomsbury Publishing. This book was released on 2023-04-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.

Corporate Governance in the Shadow of the State

Author : Marc Moore
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250875
Total Pages : 232 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Corporate Governance in the Shadow of the State by : Marc Moore

Download or read book Corporate Governance in the Shadow of the State written by Marc Moore and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Corporate Citizenship and New Governance

Author : Ingo Pies
Publisher : Springer Science & Business Media
ISBN 13 : 9400716613
Total Pages : 199 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Corporate Citizenship and New Governance by : Ingo Pies

Download or read book Corporate Citizenship and New Governance written by Ingo Pies and published by Springer Science & Business Media. This book was released on 2011-07-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unites the perspective of business ethics with approaches from strategic management, economics, law, political science, and with philosophical reflections on the theory of Corporate Citizenship and New Governance. In view of the internationalization of the (global) economy and the free movement of capital, new instruments of political coordination are needed. These societal changes trigger the two closely intertwined challenges examined in this book. The first challenge relates to the role and the self-conceptualization of business firms as corporate citizens within society. Companies are increasingly expected to assume the social responsibility of helping to shape the rule-framework of globalization. The second challenge refers to the form of the engagement in local, national and international processes of governance. To more credibly and effectively tackle these challenges, corporate actors are ever more participating in rule-setting processes together with civil society organizations and the government.

Leadership and Nursing Care Management - E-Book

Author : Diane Huber
Publisher : Elsevier Health Sciences
ISBN 13 : 0323293417
Total Pages : 595 pages
Book Rating : 4.3/5 (232 download)

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Book Synopsis Leadership and Nursing Care Management - E-Book by : Diane Huber

Download or read book Leadership and Nursing Care Management - E-Book written by Diane Huber and published by Elsevier Health Sciences. This book was released on 2013-10-01 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniquely organized around the AONE competencies, this trusted resource gives you an easy-to-understand, in-depth look at today’s most prevalent nursing leadership and management topics. Coverage features the most up-to-date, research-based blend of practice and theory related to topics such as: the nursing professional's role in law and ethics, staffing and scheduling, delegation, cultural considerations, care management, human resources, outcomes management, safe work environments, preventing employee injury, and time and stress management. UNIQUE! Chapters divided according to AONE competencies for nurse leaders, managers, and executives. Research Notes in each chapter summarize relevant nursing leadership and management studies and highlight practical applications of research findings. Case Studies at the end of each chapter present real-world leadership and management situations and illustrate how key concepts can be applied to actual practice. Critical Thinking Questions at the end of each chapter present clinical situations followed by critical thinking questions to help you reflect on chapter content, critically analyze the information, and apply it to the situation. A new Patient Acuity chapter uses evidence-based tools to discuss how patient acuity measurement can be done in ways that are specific to nursing. A reader-friendly format breaks key content into easy-to-scan bulleted lists. Chapters are divided according to the AONE competencies for nurse leaders, managers, and executives. Practical Tips boxes highlight useful strategies for applying leadership and management skills to practice.