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Books > Law > Jurisprudence & general issues > Foundations of law
Globally, the methodologies of legal education have not changed in
any fundamental way, some methods dating back hundreds of years.
Law schools have relied, for too long, on passive learning methods
such as lectures or cases. Clinical legal education provides an
alternative that is more than just another pedagogical method. It
provides a way for students to experience their emerging
professional selves, while providing services or projects with poor
and underrepresented clients. This book documents both the
historical origins of clinical experiments in the earliest days of
US university legal education, and the now-global reach of clinical
pedagogy as a proven tool for effective training of legal
professionals.
Für die Neuauflage hat Claus Dieter Classen den zunehmenden
unionsrechtlichen Einfluss vor allem auf das kirchliche, aber auch
das allgemeine Arbeitsrecht sowie das Datenschutzrecht
berücksichtigt. Auch die Frage religiöser Kleidung im
öffentlichen Dienst ("Kopftuch") ist längst nicht mehr nur in den
Schulen, sondern ebenso in Verwaltung und Justiz ein Thema;
erforderlich waren somit nicht zuletzt neue und erweiterte
Überlegungen grundsätzlicher Art zur weltanschaulich-religiösen
Neutralität des Staates. Für Bibliotheken gelten bei diesem Titel
abweichende Konditionen; bitte wenden Sie sich an den Vertrieb.
In this now classic text, December Green and Laura Luehrmann show
how history, economics, and politics converge to create the
realities of life in the Global South. The authors offer an
innovative blend of theory and empirical material as they introduce
the politics of what was once called the “third world.†They
consistently link theoretical concepts to a set of eight
contemporary case studies: China, Egypt, Indonesia, Iran, Mexico,
Nigeria, Peru, and Zimbabwe. Features of the fourth edition,
revised and updated from cover to cover, include: • An entirely
new case study, Egypt. • Analysis of the status of regime
transitions around the world. • A “report card†on the
Millennium Development Goals. • Attention to the UN Global Goals
for Sustainable Development and the New Development Bank. • More
discussion of contentious politics, social mobilization and
everyday forms of resistance. • New material on such continuing
challenges as migration, human trafficking, weapons proliferation,
pandemic diseases, and the impact of climate change. • An
assessment of continuity and change in `international relations,
with particular attention to policies during the Obama presidency
and the significance for the Global South of the new US
administration. The result is a text that has been successfully
designed to challenge students’ preconceptions, arouse their
curiosity, and foster critical thinking. Â
In the days of the Roman Empire, the emperor was considered not
only the ruler of the state, but also its supreme legal authority,
fulfilling the multiple roles of supreme court, legislator, and
administrator. The Emperor of Law explores how the emperor came to
assume the mantle of a judge, beginning with Augustus, the first
emperor, and spanning the years leading up to Caracalla and the
Severan dynasty. While earlier studies have attempted to explain
this change either through legislation or behaviour, this volume
undertakes a novel analysis of the gradual expansion and
elaboration of the emperor's adjudication and jurisdiction: by
analysing the process through historical narratives, it argues that
the emergence of imperial adjudication was a discourse that
involved not only the emperors, but also petitioners who sought
their rulings, lawyers who aided them, the senatorial elite, and
the Roman historians and commentators who described it. Stories of
emperors settling lawsuits and demonstrating their power through
law, including those depicting 'mad' emperors engaging in violent
repressions, played an important part in creating a shared
conviction that the emperor was indeed the supreme judge alongside
the empirical shift in the legal and political dynamic. Imperial
adjudication reflected equally the growth of imperial power during
the Principate and the centrality of the emperor in public life,
and constitutional legitimation was thus created through the
examples of previous actions - examples that historical authors did
much to shape. Aimed at readers of classics, Roman law, and ancient
history, The Emperor of Law offers a fundamental reinterpretation
of the much debated problem of the advent of imperial supremacy in
law that illuminates the importance of narrative studies to the
field of legal history.
This edited volume presents the comprehensive review of the work on
developing assessment frameworks for democratic parliaments. The
book identifies areas of internationally agreed consensus among the
current sets of standards and principles, and areas of potential
further consensus by examining national case studies and drawing a
first set of lessons of experience. Additionally, it brings in
regional perspectives on standards for democratic parliaments.
Since parliaments are just beginning to test or apply the different
frameworks many will need assistance from partners in the
parliamentary strengthening and donor community to take such an
exercise forward. Therefore, there is a need for broader
understanding on principles behind different benchmarks, to discuss
the relevance of each type of benchmark framework to specific
regional and national context, and to determine how Parliaments
would benefit from changes that would allow them to meet the
benchmark.
The law of torts recognises many defences to liability. While some
of these defences have been explored in detail, scant attention has
been given to the theoretical foundations of defences generally. In
particular, no serious attempt has been made to explain how
defences relate to each other or to the torts to which they
pertain. The goal of this book is to reduce the size of this
substantial gap in our understanding of tort law. The principal way
in which it attempts to do so is by developing a taxonomy of
defences. The book shows that much can be learned about a given
defence from the way in which it is classified. This new paperback
edition contains a substantial preface in which the author responds
to critics. Reviews 'James Goudkamp's book can rightly claim to be
the first serious attempt to examine tort law defences
systematically and it is a very important addition to the private
law canon ... [His] analysis is consistently thought-provoking ...
[T]his book will provide the framework for future analysis of all
private law defences'. Graham Virgo, The Cambridge Law Journal
'This book ... is the first sustained attempt in the modern law to
explore the theoretical foundations of the defences to liability
recognised by the law of tort and their interrelationship ... [It
is] an instant classic'. Ken Oliphant and Annette Morris, Yearbook
of European Tort Law 'James Goudkamp's Tort Law Defences fills a
startling gap in tort law scholarship... [It] provides an
impressive foundation for the future study of defences, and will
undoubtedly become the standard against which all other works are
measured'. Erika Chamberlain, Canadian Business Law Journal
Why do judges study legal sources that originated outside their own
national legal system, and how do they use arguments from these
sources in deciding domestic cases? Based on interviews with
judges, this book presents the inside story of how judges engage
with international and comparative law in the highest courts of the
United Kingdom, Canada, the United States, France and the
Netherlands. A comparative analysis of the views and experiences of
the judges clarifies how the decision-making of these Western
courts has developed in light of the internationalisation of law
and the increased opportunities for transnational judicial
communication. While the qualitative analysis reveals the motives
that judges claim for using foreign law and the influence of
'globalist' and 'localist' approaches to judging, the author also
finds suggestions of a convergence of practices between the courts
that are the subject of this study. This empirical analysis is
complemented by a constitutional-theoretical inquiry into the
procedural and substantive factors of legal evolution, which enable
or constrain the development and possible convergence of highest
courts' practices. The two strands of the analysis are connected in
a final contextual reflection on the future development of the role
of Western highest courts.
Brad's passion for nursing home abuse cases stems from a personal
tragedy that happened to a member of his family. Brad's goal in his
work and for this book is to prevent the same type of tragedy from
happening to others. This step by step guide provides practical
guidance for families with relatives in nursing homes.
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