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Zur Soziologie Des Gerichtsverfahrens
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Book Synopsis Zur Soziologie des Gerichtsverfahrens (Sociology of the Judicial Process) by : Manfred Rehbinder
Download or read book Zur Soziologie des Gerichtsverfahrens (Sociology of the Judicial Process) written by Manfred Rehbinder and published by Springer-Verlag. This book was released on 2013-04-18 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text concerns itself with the scope of the concepts of "social ignorance" in the law, particularly in case law. "Social knowledge" refers to general knowledge about that behavior which society expects and demands in various type situations, and with reactions and sanctions one must reckon with when conduct deviates from model behavior. The low level of knowledge of law, so obvious in modern society, is not primarily to be ascribed to the sheer volume of legal rules and doctrines, but rather to the multiplicity and impenetrability of market behavior, and the economic powerlessness of the ordinary consumer. The author illustrates the problem with analysis of cases in the Bundesgericbtsbof on installment sales, in which the court has attempted to take "social ignorance" into account. The author shows, by means of this case-law, that that "social ignorance", which can be completely functional, only evokes the attention of courts, when it reaches a magnitude such that it impairs the party's understanding, and his confidence that the court will rule in accordance with his expectations. Anmerkungen 1 Theo Mayer-Maly, Rechtskenntnis und Gesetzesflut, Salzburg 1969. 2 A. a. O., S. 81 f. und 85. 3 A. a. O., S. 82. 4 S. Anm. 2. 5 Diese Definition umfaBt ihrem Wortlaut nach einen weiteren Sachverhalt aus dem Bereich der Kraftfahrzeugversicherung. 1m Zusammenhang mit der Frage namlich, ob der versicherte Kraftfahrer die ihn nach {sect} 7 I Nr. 2 S.
Book Synopsis A Sociological Theory of Law by : Niklas Luhmann
Download or read book A Sociological Theory of Law written by Niklas Luhmann and published by Routledge. This book was released on 2013-10-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
Book Synopsis Crime Prevention and Intervention by : Peter-Alexis Albrecht
Download or read book Crime Prevention and Intervention written by Peter-Alexis Albrecht and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-03-20 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to a Fair Trial by : Thom Brooks
Download or read book The Right to a Fair Trial written by Thom Brooks and published by Routledge. This book was released on 2017-07-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.
Book Synopsis Discreet Indiscretions by : Jörg R. Bergmann
Download or read book Discreet Indiscretions written by Jörg R. Bergmann and published by Transaction Publishers. This book was released on with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although discourse theory tends to draw upon lofty examples, Discreet Indiscretions draws instead on one many consider inconsequential. Bergmann treats daily gossip, both friendly and malicious, as the genre of everyday communication and thereby in need of serious analysis. Utilizing discourse theory and ethnomethodology, this study shifts among several kinds of terrain: the sociology of language, the sociology of knowledge, and the sociology of culture. It rests on widespread individual observations on gossip in the existing literature of social science and on the investigation of real gossip recorded in conversations in the field, and reproduced here as transcribed segments. By exploring the complex relations of friendship and loyalty with respect to transmitting knowledge about the personal affairs of others, he develops his thesis: that gossip should be defined not as a control mechanism, but rather as the social organization of discreet indiscretions.
Book Synopsis YSEC Yearbook of Socio-Economic Constitutions 2022 by : Eva Storskrubb
Download or read book YSEC Yearbook of Socio-Economic Constitutions 2022 written by Eva Storskrubb and published by Springer Nature. This book was released on 2023-11-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional rights. Access to justice in turn essentially impacts on the effective enjoyment of any other constitutional right, since having the actual means to access a court in case of a potential breach strengthens that right. Public funding, such as legal aid, has come under pressure due to the reality of financial austerity measures and the tightening public budgets in many countries. This has contributed to privatization and marketisation of funding in ever more jurisdictions. Private forms of funding include inter alia litigation insurance, third-party litigation finance and crowdfunding, as well as different forms of assigning or selling claims. As public funding is in decline and as market liberalization in the field of justice increases, crucial questions related to the rule of law, access to justice and social and economic development, in the intersection between states, citizens and business are raised. For example, potential questions of conflict of interest and how to ensure a basic level of equality of access to funding, whilst at the same time protecting market freedom. Some of the contributions in the volume deal with the consequences of privatization of funding of justice on access to justice from a general, principled and theoretical perspective. Other contributions deal with specific regulatory developments or issues at the EU level, alternatively at the local level in specific jurisdictions. Further contributions deal with crucial issues of funding of justice in environmental matters, that are increasingly relevant and topical in practice.
Book Synopsis Courts, Justice, and Efficiency by : Hector Fix-Fierro
Download or read book Courts, Justice, and Efficiency written by Hector Fix-Fierro and published by Bloomsbury Publishing. This book was released on 2004-01-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Book Synopsis Juries, Lay Judges, and Mixed Courts by : Sanja Kutnjak Ivković
Download or read book Juries, Lay Judges, and Mixed Courts written by Sanja Kutnjak Ivković and published by Cambridge University Press. This book was released on 2021-07-29 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
Author :Franz von Benda-Beckmann Publisher :Springer Science & Business Media ISBN 13 :9401728003 Total Pages :473 pages Book Rating :4.4/5 (17 download)
Book Synopsis Property in Social Continuity by : Franz von Benda-Beckmann
Download or read book Property in Social Continuity written by Franz von Benda-Beckmann and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn the laws of inheritance and teach them to the people; for they are one half of useful knowledge. t·1ohannned (Fyzee 1955: 329) When the prophet created this aphorism he had in mind the rules of in heritance law revealed to him by Allah. We could apply it to social an thropology as well sincethe inheritance of property and the succession to positions of socio-political authority are among the most important elements of social organization. They are the vehicles of continuity which maintain property and authority through time. In many societies, and particularly in those generally studied by anthropologists, inherit ance and succession are closely interconnected with kinship and descent and provide the economic and political substance for the existence and continuity of kinship- or descent-based social groups. They are, as it were, the flesh on the bare bones of kinship relations. The importance of inheritance has, of course, not escaped the notice of social and legal anthropologists, and in recent years several studies have ably demonstrated the point (Radcliffe-Brown 1952, Goodenough 1951, Leach 1961 b, Goody 1962, Lloyd 1962, Gray and Gulliver (eds. ) 1964, Derrett (ed. ) 1965, Gluckman 1972, Moore 1969, Burling 1974). Yet in general, property and inheritance have rather been treated as an appendix to economic and kinship studies.
Book Synopsis Democratic Representation in Plurinational States by : Ephraim Nimni
Download or read book Democratic Representation in Plurinational States written by Ephraim Nimni and published by Springer. This book was released on 2018-12-28 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines modalities for the recognition and political participation of minorities in plurinational states in theory and in practice, with a specific reference to the Republic of Turkey and the resolution of the Kurdish question. Drawing on the experience of Spain and Eastern Europe and other recent novel models for minority accommodation, including the Ottoman experience of minority autonomy (the Millet System), the volume brings together researchers from Turkey and Europe more broadly to develop an ongoing dialogue that analytically examines various models for national minority accommodation. These models promise to protect the state’s integrity and provide governmental mechanisms that satisfy demands for collective representation of national communities in the framework of a plurinational state.
Book Synopsis Comparative Law and Economics by : the late Theodore Eisenberg
Download or read book Comparative Law and Economics written by the late Theodore Eisenberg and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
Book Synopsis European Alternatives to Criminal Trials and Their Applicability in the United States by : William L. F. Felstiner
Download or read book European Alternatives to Criminal Trials and Their Applicability in the United States written by William L. F. Felstiner and published by . This book was released on 1978 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell
Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Book Synopsis Law, Society, and History by : Robert W. Gordon
Download or read book Law, Society, and History written by Robert W. Gordon and published by Cambridge University Press. This book was released on 2011-03-07 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles essays on legal sociology and legal history by an international group of distinguished scholars. All of them have been influenced by the eminent and prolific legal historian, legal sociologist and scholar of comparative law, Lawrence M. Friedman. Not just a Festschrift of essays by colleagues and disciples, this volume presents a sustained examination and application of Friedman's ideas and methods. Together, the essays in this volume show the powerful ripple effects of Friedman's work on American and comparative legal sociology, American and comparative legal history and the general sociology of law and legal change.
Book Synopsis Gesamtverzeichnis der Kongress-Schriften in Bibliotheken der Bundesrepublik Deutschland einschliesslich Berlin (West). by : Staatsbibliothek Preussischer Kulturbesitz. Abteilung Gesamtkataloge und Dokumentation
Download or read book Gesamtverzeichnis der Kongress-Schriften in Bibliotheken der Bundesrepublik Deutschland einschliesslich Berlin (West). written by Staatsbibliothek Preussischer Kulturbesitz. Abteilung Gesamtkataloge und Dokumentation and published by . This book was released on 1982 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Book Synopsis Sociology of the judicial process by : Lawrence M. Friedmann
Download or read book Sociology of the judicial process written by Lawrence M. Friedmann and published by Vs Verlag Fur Sozialwissenschaften. This book was released on 1976 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised papers in English or German, with respective summaries in German or English, of a conference held Sept. 24-28, 1973 at the Zentrum feur Interdisziplineare Forschung of the Universiteat Bielefeld.
