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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
This book offers a novel perspective on the leading concept of
harmonisation, advocating the mutual benefits and practical utility
of harmonised law. Theoretical models and factors for harmonisation
are explored in detail. Antonios E. Platsas acknowledges a range of
additional factors and presents harmonisation as a widely
applicable and useful theory. The Harmonisation of National Legal
Systems gives an in-depth insight into the fundamental aspects of
harmonisation, including the world of free trade, recognition of
human rights and open socio-political systems. Two distinct models
for the effective harmonisation of legal systems are explored: a
general model and a specific model. The general model relates to
minor formal changes introduced in the domestic sphere, while the
specific model relates to significant and/or constitutional changes
that would be necessitated in domestic law. These models allow for
the effective implementation of harmonised legal norms in national
spheres. The author examines comparative and socio-legal factors,
identifies how the factors are modifiable and creates examples for
the movement from theory to practice. Academics, researchers and
advanced students of international, European and comparative law
will find this an excellent point of reference due to the extensive
exploration of the potential of harmonisation theory.
This two-volume set examines the origins and growth of judicial
review in the key G-20 constitutional democracies, which include
the United States, the United Kingdom, France, Germany, Japan,
Italy, India, Canada, Australia, South Korea, Brazil, South Africa,
Indonesia, Mexico, and the European Union, as well as Israel. The
volumes consider five different theories, which help to explain the
origins of judicial review, and identify which theories apply best
in the various countries discussed. They consider not only what
gives rise to judicial review originally, but also what causes of
judicial review lead it to become more powerful and prominent over
time. Volume Two discusses the G-20 civil law countries.
Internationally recognized for his breakthrough thinking and
action related to conflict on all levels, Lederach offers a hopeful
and workable approach to conflict, from those that harm
interpersonal relationships to those which overtake warring
nations.
This clearly articulated statement offers a hopeful and workable
approach to conflict-- that eternally beleaguering human situation.
John Paul Lederach is internationally recognized for his
breakthrough thinking and action related to conflict on all
levels--person-to-person, factions within communities, warring
nations. He explores why "conflict transformation" is more
appropriate than "conflict resolution" or "management." But he
refuses to be drawn into impractical idealism.
Conflict Transformation is an idea with a deep reach. Its
practice, says Lederach, requires "both solutions and social
change." It asks not simply "How do we end something not desired?,"
but "How do we end something destructive and build something
desired?" How do we deal with the immediate crisis, as well as the
long-term situation? What disciplines make such thinking and
practices possible?
A title in The Little Books of Justice and Peacebuilding Series.
Providing an accessible introduction to the application of
multi-criteria analysis in law, this book illustrates how simple
additive weighing, a well known method in decision theory, can be
used in problem structuring, analysis and decision support for
overall assessments and balancing of interests in the context of
law. Through clear illustrations and a variety of concrete
examples, this book shows how simple additive weighing can be
applied in any situation in which there are one or more objectives,
multiple options and multiple decision criteria. Further
demonstrating the use of fuzzy logic in conjunction with this
method, Bengt Lindell adeptly shows the reader how
extra-disciplinary methods have much to contribute in a legal
decision-making context. The methods covered in this book help to
balance the issues of intuition versus structural analysis, risk
and uncertainty, and the merging of probability and utility in the
context of law. Practical and engaging, this book will prove an
indispensible guide for academics and scholars across many legal
disciplines. Public and private decision makers will also benefit
from its clear and concise approach, affording them new insights
into the application of multi-criteria analysis in law.
The Dispute resolution digest 2012 is the product of 7 years of
continuous research by Tokiso into the labour dispute settlement
system of South Africa. The intention of the Digest is to give a
dispassionate account, based on statistical examination, of whether
the dispute mechanisms of the Labour Relations Act are functioning
effectively. The Digest considers types of labour disputes,
settlements, trends in remedies and awards, and compliance with
these awards. The disputes and awards are separated into their
sub-categories of type, sector and forum with some interesting
findings. Strikes, the most extreme form of labour action by
employees, are analysed by the number of strikes, effects of
strikes and the factors that trigger strikes.
This Short Introduction looks at judging and reasoning from three
perspectives: what legal reasoning has been; what legal reasoning
is from the view of judges and jurists; and what legal reasoning is
from the view of a social scientist epistemologist or humanities
specialist. Geoffrey Samuel begins by identifying the main
institutional focal points of legal reasoning (ius, regulae iuris,
Interpretatio, utilitas and actiones). While examining legal
reasoning from both an internal and external viewpoint, the book
simultaneously incorporates theory and scholarship from a range of
other disciplines including social science and film studies. The
author also includes a discussion of fiction theory, schemes of
intelligibility, and other epistemological issues as well as
standard reasoning devices such as induction, deduction and
analogy. Combining cases and materials with original text, this
unique, concise format is designed to be accessible for students
who are starting out on their law programs, as well as providing
insights for students and researchers who would like to examine
judging and legal reasoning in more depth.
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