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Author :
Publisher :
ISBN 13 :
Total Pages : 770 pages
Book Rating : 4.:/5 (51 download)
Download or read book Theoretical Inquiries in Law written by and published by . This book was released on 2007 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Helena Alviar García
Publisher : Routledge
ISBN 13 : 131796442X
Total Pages : 358 pages
Book Rating : 4.3/5 (179 download)
Download or read book Social and Economic Rights in Theory and Practice written by Helena Alviar García and published by Routledge. This book was released on 2014-09-19 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
Author : Michael Giudice
Publisher : Routledge
ISBN 13 : 1351542621
Total Pages : 559 pages
Book Rating : 4.3/5 (515 download)
Download or read book The Methodology of Legal Theory written by Michael Giudice and published by Routledge. This book was released on 2017-07-05 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Author : Samia Bano
Publisher : Taylor & Francis
ISBN 13 : 1000863913
Total Pages : 125 pages
Book Rating : 4.0/5 (8 download)
Download or read book The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain written by Samia Bano and published by Taylor & Francis. This book was released on 2023-02-01 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: In February 2018, the ‘Independent Review on Sharia Law in England and Wales’ was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women’s activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate ‘outside the sphere of law and legal relations’ but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.
Author : Eilís Ferran
Publisher : Oxford University Press
ISBN 13 : 0192634682
Total Pages : 705 pages
Book Rating : 4.1/5 (926 download)
Download or read book Principles of Corporate Finance Law written by Eilís Ferran and published by Oxford University Press. This book was released on 2023-09-27 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.
Author : Emmanuel Melissaris
Publisher : Routledge
ISBN 13 : 1317005708
Total Pages : 178 pages
Book Rating : 4.3/5 (17 download)
Download or read book Ubiquitous Law written by Emmanuel Melissaris and published by Routledge. This book was released on 2016-02-17 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.
Author : Austin E. Quigley
Publisher : Yale University Press
ISBN 13 : 0300129815
Total Pages : 286 pages
Book Rating : 4.3/5 (1 download)
Download or read book Theoretical Inquiry written by Austin E. Quigley and published by Yale University Press. This book was released on 2008-10-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: div In the aftermath of debate about the death of literary theory, Austin E. Quigley asks whether theory has failed us or we have failed literary theory. Theory can thrive, he argues, only if we understand how it can be strategically deployed to reveal what it does not presuppose. This involves the repositioning of theoretical inquiry relative to historical and critical inquiry and the repositioning of theories relative to each other. What follows is a thought-provoking reexamination of the controversial claims of pluralism in literary studies. The book explores the related roles of literary history, criticism, and theory by tracing the fascinating history of linguistics as an intellectual problem in the twentieth century. Quigley’s approach clarifies the pluralistic nature of literary inquiry, the viability and life cycles of theories, the controversial status of canonicity, and the polemical nature of the culture wars by positioning them all in the context of recurring debates about language that have their earliest exemplifications in classical times. /DIV
Author : Yariv Brauner
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975375
Total Pages : 416 pages
Book Rating : 4.7/5 (889 download)
Download or read book Research Handbook on International Taxation written by Yariv Brauner and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capturing the core challenges faced by the international tax regime, this timely Research Handbook assesses the impacts of these challenges on a range of stakeholders, evaluating various paths to reform at a time when international tax policy is a topic high on politicians’ agendas.
Author : Peer Zumbansen
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808988
Total Pages : 385 pages
Book Rating : 4.8/5 (498 download)
Download or read book Law, Economics and Evolutionary Theory written by Peer Zumbansen and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.
Author : Allan Beever
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316999
Total Pages : 372 pages
Book Rating : 4.8/5 (473 download)
Download or read book Rediscovering the Law of Negligence written by Allan Beever and published by Bloomsbury Publishing. This book was released on 2007-05-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.
Author : Constantin von der Groeben
Publisher : BoD – Books on Demand
ISBN 13 : 3735759254
Total Pages : 181 pages
Book Rating : 4.7/5 (357 download)
Download or read book Transnational Conflicts and International Law written by Constantin von der Groeben and published by BoD – Books on Demand. This book was released on 2014-11-06 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since 9/11 the legal classification of transnational conflicts between states and non-state armed groups, such as Al Qaeda, has become a highly debated topic. While repeatedly referred to as the War on Terror, the legal qualification of the conflict between the US and Al Qaeda remains controversial: US military operations in Afghanistan against Al Qaeda and the use of drones against alleged terrorists in Pakistan, Yemen and other states pose the question as to whether this conflict truly qualifies as one single global war. Similarly, transnational conflicts such as the Colombian operation against a FARC base in Ecuador, Israel’s fight against Hezbollah in Lebanon, and Turkish operations against the PKK in northern Iraq pose difficulties as they transcend individual nations˙ political systems and geographical borders. Whether the law of war (i.e. humanitarian law) is applicable to such conflicts and to what extent human rights law binds the states involved is debated. This work aims to provide structure to the current debate and analyzes the applicability of both humanitarian law and human rights law. Furthermore, it examines and explores approaches to enhance and develop the existing legal framework, including proposed new legal regimes for transnational conflicts. The author argues against the strict separation of international humanitarian law and human rights law and instead borrows from Colombian authorities’ experience in their struggle with the FARC to develop an alternate solution, combining both legal regimes in an integrated approach.
Author : Christian Witting
Publisher : Oxford University Press
ISBN 13 : 0198865503
Total Pages : 768 pages
Book Rating : 4.1/5 (988 download)
Download or read book Street on Torts written by Christian Witting and published by Oxford University Press. This book was released on 2021 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Street on Torts' provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations.
Author : Julie Dickson
Publisher : Oxford University Press
ISBN 13 : 0198727763
Total Pages : 209 pages
Book Rating : 4.1/5 (987 download)
Download or read book Elucidating Law written by Julie Dickson and published by Oxford University Press. This book was released on 2022-05-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.
Author : Cecile Fabre
Publisher : Oxford University Press
ISBN 13 : 0191089567
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)
Download or read book Cosmopolitan Peace written by Cecile Fabre and published by Oxford University Press. This book was released on 2016-08-18 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a cosmopolitan theory of the principles which ought to regulate belligerents' conduct in the aftermath of war. Throughout, it relies on the fundamental principle that all human beings, wherever they reside, have rights to the freedoms and resources which they need to lead a flourishing life, and that national and political borders are largely irrelevant to the conferral of those rights. With that principle in hand, the book provides a normative defence of restitutive and reparative justice, the punishment of war criminals, the resort to transitional foreign administration as a means to govern war-torn territories, and the deployment of peacekeeping and occupation forces. It also outlines various reconciliatory and commemorative practices which might facilitate the emergence of trust amongst enemies and thereby improve prospects for peace.
Author : Rob Merkin
Publisher : Oxford University Press
ISBN 13 : 0199645744
Total Pages : 457 pages
Book Rating : 4.1/5 (996 download)
Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by Oxford University Press. This book was released on 2013-08-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insurance industry has a significant impact on the operation of private law, yet remains poorly understood and under-theorized in the legal literature. Filling an important gap, this book analyses the interaction of insurance law and the general law of obligations, in theory and practice.
Author : Eilís Ferran
Publisher : Cambridge University Press
ISBN 13 : 1139456822
Total Pages : 328 pages
Book Rating : 4.1/5 (394 download)
Download or read book Building an EU Securities Market written by Eilís Ferran and published by Cambridge University Press. This book was released on 2004-11-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.
Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971620
Total Pages : 520 pages
Book Rating : 4.7/5 (889 download)
Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
