The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In "Words That Bind, " John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches--from original intent to law and economics, from legal pragmatism to critical legal studies--rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory."Words That Bind" presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has.

The revision of the introduction to inheritance law offers among other things up-to-date information on the forthcoming legislative reform of the inheritance law, the law of limitation of claims, decisions from the constitutional court on testamentary freedom ("Hohenzollern") and on the right to a compulsory portion and provides information on inheritance law developments in European law. The commentary on A1922 focuses on the interfaces between inheritance law and company law and legal succession in public law positions. Succession in accordance with the law of life partnerships is also shown under statutory succession. The latest case law on transitional social security regulations is also taken into account in the context of rights to disclaim an estate. The new fees law for the curators of estates is also explained.

The articles selected for this volume represent the best of the research conducted at the intersection of law, professional ethics and expert evidence. The collection incorporates legal perspectives from a wide range of jurisdictions, peer-reviewed literature drawn from expert disciplines, and critical law and society scholarship. It offers a corrective to the tendency to quarantine discussions of the ethics of expert testimony by jurisdiction, legal field, or area of expertise. The authors challenge preconceived notions of ethical performance, offer ideas for improvement, document failures to learn from and successes to emulate. The introduction identifies common themes and illuminating differences within the multidisciplinary scholarship on the ethics of expert testimony. It also delineates the multidimensional conceptions of ethics that drive this scholarship. Placing these essays side by side illustrates that the essential elements of ethical performance are now well understood. As ever, lively debates persist and are reflected within the essays selected. Nonetheless, this collection demonstrates that the major question that remains is whether legal systems and expert communities - institutions that sometimes resist change - can find the will to implement what has been learned from decades of careful, multi-disciplinary research.

Clarifies the characteristics of shipping, reinsurance and construction chain contracts and how these contracts are structurally formed. The first book to focus on the legal question of the incorporation of arbitration clauses. Relevant to lawyers, practitioners and students dealing with arbitration in shipping, insurance and construction law within English or Singaporean jurisdictions.

The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Connelly demonstrates how Leibniz's rearticulation of power and its associated concepts is motivated at least in part by the struggles that marked the terrain in which his ideas were rooted - the struggle between Reformed and Scholastic theology, between natural law and natural right, and between mechanistic natural philosophy and human freedom. He locates Leibniz within power's wider evolution, and shows how the universal jurisprudence which Leibniz developed between the 1660s and 1690s can be considered as a transformative encounter between power, activity and modality. Drawing on thinkers as diverse as Aristotle, Aquinas, Duns Scotus, Grotius, Husserl and Deleuze, Connelly traces Leibniz's conceptualisation of power through its applications in his legal texts, revealing that Leibniz in fact reconceptualises power under a new name: the state space. The move amounts to an internalisation of power as a moral world within each individual, submitting each practical agent to a universal set of obligations and prohibitions defined by that world. What though is at stake in bringing the objective world within each individual and submitting it to a public legal order? And what is the significance of this surgical intervention for any archaeology of power?

A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.

Nach 36 Jahren erscheint das von Paul Jansen begrundete Werk nunmehr in der 3. Auflage. Wenn auch die grundlegenden Ausfuhrungen des Begrunders vielfach erhalten geblieben sind, machten doch die mehr als 70 Gesetzesanderungen seit 1969 in weiten Teilen eine voellige Neubearbeitung erforderlich. Die Unterabschnitte uber Betreuungssachen ( 65 - 69o) und Unterbringungssachen ( 70 - 70n) sind z.B. voellig neu entstanden. Die Neuauflage des Grosskommentars berucksichtigt die umfangreichen AEnderungen des FGG durch die Gesetzgebung, insb. das Betreuungsgesetz, die Kindschaftsrechtsreformgesetze, das Justizmodernisierungsgesetz einschliesslich des am 1.1.2005 in Kraft getretenen Anhoerungsrugengesetzes sowie die Umsetzung der Richtlinien des Europaischen Parlaments und auch die Reformdiskussion. Literatur und Judikatur sind bis August 2005 berucksichtigt. Der Grosskommentar zum FGG ist fur die gerichtliche, notarielle und anwaltlichePraxis, aber auch fur die Lehrstuhle fur Verfahrensrecht sowie die juristischen Fachbibliotheken unentbehrlich. Das Werk wendet sich nicht nur an den Praktiker als Richter, Rechtspfleger, Notar, Rechtsanwalt, Betreuer, sondern auch an die Hochschullehrerund Dozenten an Universitaten und Fachhochschulen. Herausgeber und Autoren haben samtlich praktische Erfahrungen in der freiwilligen Gerichtsbarkeit, z.B. als Richter, Rechtspfleger, Notar. Sie sind zudem als Lehrende an Hochschulentatig. Ihre Veroeffentlichungen reichen vom Familienrecht und Liegenschaftsrecht uber das Beurkundungsrecht bis zum Vollstreckungs- und Insolvenzrecht. Einige Werke sind im selben Verlag erschienen.

This book gives a concise introduction into Jewish Law as a whole and its development within the different denominations of Judaism. It offers an overview of betrothal, engagement and marriage, gives details of the wedding ceremony, marriage restrictions and marital contracts as well as rules for divorce and re-marriage. Since the State of Israel does not have provisions for civil marriage Jewish family law is still relevant as basis for marriages and divorces among Jewish citizens. This book is especially targeted towards congregational rabbis and those officiating in rabbinical courts, experts of canon and church law, and legal practitioners in the field of international and comparative family law.Theologians and Judaic scholars will also find value in this book.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

Volume 1 contains the commentary of regulations pertaining to the fundamental principles of non-contentious proceedings. In addition to a detailed introduction, this volume contains an explanation of the general part, particularly of the initial stage of official investigation, right of appeal and appellate procedure, coercive payment and direct compulsion, as well as of the costs under consideration of the current attempts at reform. With the publication of volume 1, the 3rd edition is now available as a completely revised and full edition.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

Within a private law system, whose fundamental principle is private autonomy, content control raises significant and fundamental questions. Over the past few decades the trend of strengthening content control in nearly all fields of private law has become apparent. Against this backdrop and from a comparative law perspective, the authors of this volume discuss fundamental issues including historical development, the relationship between interpretation and content control, the basic legal warranty and aspects of content control in selected legal fields such as employment law, inheritance law, and international private law as well as specific questions.