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Theory Prac Of The Law Of Ev
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Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris
Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Book Synopsis Examining Practice, Interrogating Theory by : Penelope (Pip). Nicholson
Download or read book Examining Practice, Interrogating Theory written by Penelope (Pip). Nicholson and published by BRILL. This book was released on 2008 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Book Synopsis Practice Theory and Law by : Maciej Dybowski
Download or read book Practice Theory and Law written by Maciej Dybowski and published by Taylor & Francis. This book was released on 2024-10-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law’s place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists.
Book Synopsis The Continuity of Legal Systems in Theory and Practice by : Benjamin Spagnolo
Download or read book The Continuity of Legal Systems in Theory and Practice written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina
Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
Book Synopsis The Open Society in Theory and Practice by : D. Germino
Download or read book The Open Society in Theory and Practice written by D. Germino and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: From June 28 until July 4, 1972, a group of scholars, all of them acade micians committed to the critical study of man and society which may be called political theory, met at The Rockefeller Foundation's VillaSerbelloni in Bellagio, Italy, to present papers on and discuss the subject of "The Open Society. " These papers, as revised, are published here, most of them for the first time. They reflect no consensus of view, nor were they intended to do so. That such a consensus did not emerge from the conference is not in our judgment a cause for regret; it may rather be regarded as a manifestation of a healthy and desirable plurality of approaches which itself indirectly tells us something important about the nature of the open society. All the papers deal in different contexts and from a variety of philosophi cal and theoretical perspectives with the interrelated themes of openness and the open society. Some of the panelists are skeptical of the capacity of modern industrial, or "post-industrial," society, with its heavy emphasis upon technological rationality to foster authentic openness under currently prevailing assumptions about man and nature.
Book Synopsis Structural Interrelations of Theory and Practice in Islamic Law by : Ahmad Atif Ahmad
Download or read book Structural Interrelations of Theory and Practice in Islamic Law written by Ahmad Atif Ahmad and published by BRILL. This book was released on 2006-05-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the structural interrelations of Islamic theoretical and practical legal reasoning, based on an analysis of six works of Islamic jurisprudence by authors who lived in Uzbekistan, Iraq, Syria, Palestine, Egypt, and Algeria between 970 and 1600 CE.
Book Synopsis Legal Fictions in Theory and Practice by : Maksymilian Del Mar
Download or read book Legal Fictions in Theory and Practice written by Maksymilian Del Mar and published by Springer. This book was released on 2015-03-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.
Book Synopsis The Theory and Practice of International Criminal Law by : Leila Nadya Sadat
Download or read book The Theory and Practice of International Criminal Law written by Leila Nadya Sadat and published by BRILL. This book was released on 2008 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Cherif Bassiouni" is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on "Cherif Bassiouni's" unique legacy within this important area. Among the contributing authors are "Louise Arbour," UN High Commissioner for Human Rights; "Mahnoush Arsanjani," Chief of the UN Office of Legal Affairs Codification Division; "Diane Orentlicher," UN Independent Expert on Combating Impunity; "Michael Reisman," former President of the Inter-American Commission for Human Rights; "Yves Sandoz," Director for International Law of the International Committee of the Red Cross; "William Schabas," Member of the Sierra Leone Truth Commission; "Brigitte Stern," Advocate for the Bosnians in the World Court's Genocide case; and "Prince Hassan bin Talal," first President of the Assembly of States Parties of the International Criminal Court.
Book Synopsis Modern Medicine, Its Theory and Practice: Evolution of internal medicine, predisposition and immunity, diseases caused by physical, chemical and organic agents, by vegetable parasites, by protozoa, by animal parasites, nutrition, constitutional diseases. -v. 2. Infecctious diseases by : Sir William Osler
Download or read book Modern Medicine, Its Theory and Practice: Evolution of internal medicine, predisposition and immunity, diseases caused by physical, chemical and organic agents, by vegetable parasites, by protozoa, by animal parasites, nutrition, constitutional diseases. -v. 2. Infecctious diseases written by Sir William Osler and published by . This book was released on 1907 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Environmental Criminology by : Martin A. Andresen
Download or read book Environmental Criminology written by Martin A. Andresen and published by Routledge. This book was released on 2014-03-14 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of environmental criminology is a staple theoretical framework in contemporary criminological theory. With this book, Martin Andresen presents the first comprehensive and sole-authored textbook on this influential and compelling school of criminological thought. He covers a wide range of topics, including: the origins of environmental criminology; the primary theoretical frameworks, such as routine activity theory, geometric theory of crime, rational choice theory, and the pattern theory of crime; the practical application of environmental criminology; an examination of how theories are operationalized and tested; policy implications for the practice of crime prevention. As well as these "popular topics", Andresen also discusses also a number of topics that are at the leading edge of research within environmental criminology. This text will be ideal for courses on crime prevention, where students are often encouraged to consider policy problems and apply theory to practice. This book offers up environmental criminology as a theoretical framework for making sense of complex neighbourhood problems, meaning that it will be perfect for modules on geography of crime, crime analysis and indeed, environmental criminology. It would also be a good supplement for courses on criminological theory.
Book Synopsis Practice and Theory in Comparative Law by : Maurice Adams
Download or read book Practice and Theory in Comparative Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2012-07-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays exploring the gap between theory and practice in comparative legal studies.
Book Synopsis International Humanitarian Law: Theory, Practice, Context by : Daniel Thürer
Download or read book International Humanitarian Law: Theory, Practice, Context written by Daniel Thürer and published by Martinus Nijhoff Publishers. This book was released on 2011-07-11 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Book Synopsis Bridging the Theory-Practice Divide in International Relations by : Daniel Maliniak
Download or read book Bridging the Theory-Practice Divide in International Relations written by Daniel Maliniak and published by Georgetown University Press. This book was released on 2020-05-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a widening divide between the data, tools, and knowledge that international relations scholars produce and what policy practitioners find relevant for their work. In this first-of-its-kind conversation, leading academics and practitioners reflect on the nature and size of the theory-practice divide. They find the gap varies by issue area and over time. The essays in this volume use data gathered by the Teaching, Research, and International Policy (TRIP) Project over a fifteen-year period. As a whole, the volume analyzes the structural factors that affect the academy’s ability to influence policy across issue areas and the professional incentives that affect scholars’ willingness to attempt to do so. Individual chapters explore these questions in the areas of trade, finance, human rights, development, environment, nuclear weapons and strategy, interstate war, and intrastate conflict. Each substantive chapter is followed by a response from a policy practitioner, providing their perspective on the gap and the possibility for academic work to have an impact. Bridging the Theory-Practice Divide in International Relations provides concrete answers and guidance about how and when scholarship can be policy relevant.
Book Synopsis Emergency Powers in Theory and Practice by : Michael Head
Download or read book Emergency Powers in Theory and Practice written by Michael Head and published by Taylor & Francis. This book was released on 2017-05-15 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Book Synopsis Natural Law and Practical Rationality by : Mark C. Murphy
Download or read book Natural Law and Practical Rationality written by Mark C. Murphy and published by Cambridge University Press. This book was released on 2001-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of a contemporary natural law theory of practical rationality.
Book Synopsis Making Sense of Suffering: Theory, Practice, Representation by :
Download or read book Making Sense of Suffering: Theory, Practice, Representation written by and published by BRILL. This book was released on 2020-09-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suffering may be universal, but it is not universally understood. In this collection, scholars from many nations and disciplines explore theoretical and practical approaches to understanding suffering as well as the ethics and effects of representing suffering in art and literature.
