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.

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.

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.

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.

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?

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.

The new edition takes into consideration the law relating to enterprise integrity and modernization of the right of rescission (UMAG) of September 22, 2005, as well as article 14 of the law relating to the corrective adjustment of federal law in the sphere of responsibility of the Ministry of Justice of April 19, 2006, through which section 30a (A 30a EGGVG) of the introductory act to the Judicature Act (EGGVG) was recently inserted. The extent and pace of legislation since the revised text of the Court Fees Act (GKG) have made extensive revisions and supplementary additions necessary. It was possible to take into account comprehensive literature and court decisions dating up to September 2006.

Since the 1st edition of this fundamental work appeared twenty years ago, international civil process law has undergone breathtaking developments. No stone has remained in place. In the Amsterdam Treaty of 1997 the ambitious goal of creating a standardised European legal framework was postulated. After only a few years a standardised regulatory order of legal jurisdiction, international service notification and hearing of evidence, effectiveness range of civil judgments and insolvency law have been created. The expansion of the European Union through the accession of new states has ushered in an extensive system of European civil action law in its field of application. This new issue considers all the modifications and updates the work to the latest conditions. The author looks at all aspects of German international civil procedural law especially the jurisdiction including the problems of the immunity of foreign states, state-owned companies and state-owned banks, international jurisdiction, the execution of the procedures with foreign connections and foreigner participation, the recognition and declaration of execution of foreign civil judgments, international sub judice cases, international arbitration and international legal aid. Specific importance is given to the presentation of European civil action law. The EuGVVO (European Regulation on jurisdiction and the recognition and enforcement) and other important EU regulations are looked at in detail. The work combines the scientific grasp of the problems with the presentation of the decades of practical experience of the author. A comprehensive index facilitates the use.

In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada's intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment. Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.