|
Books > Law > Jurisprudence & general issues > Foundations of law
Referendums have become an undeniably important, and perhaps
inescapable, peacemaking tool in contemporary peace processes. As
such, understanding the ways in which referendum outcomes are
shaped by peace negotiations is vital. Drawing upon two case
studies, Amaral presents an empirically rich comparative analysis
of the Annan Plan in Cyprus and the Good Friday Agreement in
Northern Ireland. She examines the negotiations, offering new
interview material with key political and civil figures involved in
the peace negotiations and referendum campaigns in both cases.
Amaral argues that referendums are unsuitable for traditional
secretive and exclusionist peace negotiations that fail to engage
and educate the public. They rather require inclusive negotiations
that involve a broad spectrum of political stakeholders and civil
society at the early stages of the process. This collaborative
approach can allow referendums to positively shape societies in
conflict and be a crucial step toward lasting peace.
This book brings together past and present law commissioners,
judges, practitioners, academics and law reformers to analyse the
past, present and future of the Law Commissions in the United
Kingdom and beyond. Its internationally recognised authors bring a
wealth of experience and insight into how and why law reform does
and should take place, covering statutory and non-statutory reform
from national and international perspectives. The chapters of the
book developed from papers given at a conference to mark the
fiftieth anniversary of the Law Commissions Act 1965.
Uwe Kischel's comprehensive treatise on comparative law offers a
critical introduction to the central tenets of comparative legal
scholarship. The first part of the book is dedicated to general
aspects of comparative law. The controversial question of methods,
in particular, is addressed by explaining and discussing different
approaches, and by developing a contextual approach that seeks to
engage with real-world issues and takes a practical perspective on
contemporary comparative legal scholarship. The second part of the
book offers a detailed treatment of the major legal contexts across
the globe, including common law, civil law systems (based on
Germany and France, and extended to Eastern Europe, Scandinavia,
and Latin America, among others), the African context (with an
emphasis on customary law), different contexts in Asia, Islamic law
and law in Islamic countries (plus a brief treatment of Jewish law
and canon law), and transnational contexts (public international
law, European Union law, and lex mercatoria). The book offers a
coherent treatment of global legal systems that aims not only to
describe their varying norms and legal institutions but to propose
a better way of seeking to understand how the overall context of
legal systems influences legal thinking and legal practice.
This volume arises from the inaugural Public Law Conference hosted
in September 2014 by the Centre for Public Law at the University of
Cambridge, which brought together leading public lawyers from a
number of common law jurisdictions. While those from such
jurisdictions share background understandings, significant
differences within the common law world create opportunities for
valuable exchanges of ideas and debate. This collection draws upon
one of the principal sub-themes that emerged during the conference
- namely, the the way in which relationships and distinctions
between the notions of 'process' and 'substance' play out in
relation to and inform adjudication in public law cases. The essays
contained in this volume address those issues from a variety of
perspectives. While the bulk of the chapters consider topical
issues in judicial review, either on common law or human rights
grounds, or both, other chapters adopt more theoretical,
historical, empirical or contextual approaches. Concluding chapters
reflect generally on the papers in the collection and the value of
facilitating cross-jurisdictional dialogue.
A study and revision guide for Scots law students of Roman
law'Roman Law Essentials' provides a clear overview of the
structure of Roman government and society. It first introduces the
sources and development of Roman Law. Then, it examines the three
keystones of Roman Law: The Law of Persons, The Law of Things and
the Law of Actions. The final section appraises the reception of
Roman Law into medieval Canon Law and the 'Ius Commune', from which
many of the world's leading legal systems developed. The guide
gives special attention to the evolution of Scots Law from Roman
Law. Key FeaturesCase studies have been updated for the second
editionCompares Roman law with other early legal systems to show
why Roman law was special and how it was folded into other medieval
legal structures in Europe and BritainSummary sections of Essential
Facts and Essential Cases to help students remember the key
elements of the subject
|
|