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Author : Michel Miaille
Publisher :
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.:/5 (774 download)
Download or read book Introduction critique au droit written by Michel Miaille and published by . This book was released on 1976 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michel Miaille
Publisher :
ISBN 13 : 9782707113443
Total Pages : 383 pages
Book Rating : 4.1/5 (134 download)
Download or read book Une introduction critique au droit written by Michel Miaille and published by . This book was released on 1982 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Martti Koskenniemi
Publisher : Cambridge University Press
ISBN 13 : 1139429434
Total Pages : 587 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Gentle Civilizer of Nations written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2001-11-29 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this study of the rise and fall of modern international law. This book combines legal analysis, historical and political critique and semi-biographical studies of key figures and institutions.
Author : Michel Foucault
Publisher : Springer Nature
ISBN 13 : 3319992929
Total Pages : 338 pages
Book Rating : 4.3/5 (199 download)
Download or read book Penal Theories and Institutions written by Michel Foucault and published by Springer Nature. This book was released on 2019-11-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: “What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997).
Author : Olivier Corten
Publisher : Editions de l'Université de Bruxelles
ISBN 13 : 280041894X
Total Pages : 891 pages
Book Rating : 4.8/5 (4 download)
Download or read book A critical introduction to international law written by Olivier Corten and published by Editions de l'Université de Bruxelles. This book was released on 2024-10-09 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is international law universal? Can it be anything else than the will of the actors who are able to impose on others their values and interests? Beyond the strategic objectives that can be pursued – by a lawyer pleading before a court, a state representative operating in an international organization or addressing the general public, an author seeking recognition, or a citizen interested in the law – since international law cannot be interpreted objectively, can it at least be interpreted in a convincing and well-argued way? These are the questions that underlie this book, which, following a critical approach, emphasizes the profound ambivalence of international law. International law appears to be torn between, in the one hand, the pursuit of a universalist ideal of justice and peace, and, on the other, the need to deal with power relations in a political context. From this perspective, it would be futile to claim to establish – and even less to discover – one single 'correct' interpretation of legal rules such as, for example, the right to self-determination, the principle of non-intervention or the prohibition of genocide. It is however possible to provide an overview of the main debates among states, other international actors or among legal scholars relating to the interpretation of the main rules of international law. In the book, these debates are illustrated by references to popular culture, in particular, music and films. The ambition of this book is to enable the reader, on the basis of these elements, firstly to position himself or herself by selecting and defending the arguments that seem most convincing and secondly, and more fundamentally, to understand the legal and political terms of the controversies in international law. This revised second edition includes updates in case law and practice, from the war in Ukraine to the war in Gaza, as well as legal developments related to climate change.
Author : Peter Goodrich
Publisher : Routledge
ISBN 13 : 1134925794
Total Pages : 237 pages
Book Rating : 4.1/5 (349 download)
Download or read book Law in the Courts of Love written by Peter Goodrich and published by Routledge. This book was released on 2002-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of current criticisms of the legal profession, Peter Goodrich presents us with a radical alternative vision of the law. He examines past legal systems offering up the possibility of a more humane system.
Author : Martin Belov
Publisher : Taylor & Francis
ISBN 13 : 1000830381
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)
Download or read book Rule of Law in Crisis written by Martin Belov and published by Taylor & Francis. This book was released on 2022-12-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.
Author : Philip Schofield
Publisher : Cambridge University Press
ISBN 13 : 1316516040
Total Pages : 401 pages
Book Rating : 4.3/5 (165 download)
Download or read book Bentham on Democracy, Courts, and Codification written by Philip Schofield and published by Cambridge University Press. This book was released on 2022-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive account of Bentham's mature, distinctive thought on democracy, courts, codification, and cosmopolitanism.
Author : Carlo Focarelli
Publisher : Edward Elgar Publishing
ISBN 13 : 178811194X
Total Pages : 701 pages
Book Rating : 4.7/5 (881 download)
Download or read book International Law written by Carlo Focarelli and published by Edward Elgar Publishing. This book was released on 2019 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges.
Author : Paul Reuter
Publisher : Routledge
ISBN 13 : 0710305028
Total Pages : 315 pages
Book Rating : 4.7/5 (13 download)
Download or read book Introduction to the Law of Treaties written by Paul Reuter and published by Routledge. This book was released on 1995 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Evandro Menezes de Carvalho
Publisher : Springer Science & Business Media
ISBN 13 : 9048190118
Total Pages : 242 pages
Book Rating : 4.0/5 (481 download)
Download or read book Semiotics of International Law written by Evandro Menezes de Carvalho and published by Springer Science & Business Media. This book was released on 2010-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.
Author : Mathieu Carpentier
Publisher : John Wiley & Sons
ISBN 13 : 1394163681
Total Pages : 388 pages
Book Rating : 4.3/5 (941 download)
Download or read book Meta-theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-08-24 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Author : Jerry D. Leonard
Publisher : State University of New York Press
ISBN 13 : 1438410530
Total Pages : 406 pages
Book Rating : 4.4/5 (384 download)
Download or read book Legal Studies as Cultural Studies written by Jerry D. Leonard and published by State University of New York Press. This book was released on 1995-01-13 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an inaugural integration of Contemporary Cultural Studies and Critical Legal Studies that sets the question of "justice" at the fore of postmodern critical theory. Opening with introductory-level discussions of key theoretical models in postmodern thought, the collection culminates in a series of radical critiques of existing modes of cultural and legal theory. Contributors to this volume include David S. Caudill, Marie Ashe, Gayatri Chakravorty Spivak, Nancy Fraser, Costas Douzinas and Ronnie Warrington, Drucilla Cornell, Eugene D. Genovese, Peter Goodrich, Teresa L. Ebert, and Jerry D. Leonard.
Author : R. C. van Caenegem
Publisher : Cambridge University Press
ISBN 13 : 9780521476935
Total Pages : 352 pages
Book Rating : 4.4/5 (769 download)
Download or read book An Historical Introduction to Western Constitutional Law written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1995-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
Author : Marie Mercat-Bruns
Publisher : Springer
ISBN 13 : 3319900684
Total Pages : 558 pages
Book Rating : 4.3/5 (199 download)
Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Author : Martti Koskenniemi
Publisher : Cambridge University Press
ISBN 13 : 1139447645
Total Pages : 705 pages
Book Rating : 4.1/5 (394 download)
Download or read book From Apology to Utopia written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2006-02-02 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.
Author : Eugenio Bulygin
Publisher : Springer Science & Business Media
ISBN 13 : 9789027718693
Total Pages : 350 pages
Book Rating : 4.7/5 (186 download)
Download or read book Man, Law and Modern Forms of Life written by Eugenio Bulygin and published by Springer Science & Business Media. This book was released on 1985-06-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy ... held on August 14-20, 1983 in Helsinki"--Introd.
