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Books > Law > Jurisprudence & general issues > Foundations of law
Transportation Network Companies and Taxis: The Case of Seattle is a modern economic case history and thorough analysis of the devastating impact of the transportation network company (TNC) industry (Uber and Lyft) on the taxicab industry in Seattle, Washington, beginning in 2014. The events that transpired and lessons learned are applicable to most large cities in North America, Europe and Australia. As the regulator of the taxicab and TNC industries in Seattle during this period, the author offers a unique insider perspective. The book also provides internal operating statistics on the TNC industry, which are available here for the first time. Despite the spectacular growth of the TNC industry, growth rates have steadily declined and may fall to zero by 2019 or 2020, while the taxicab industry appears to have begun a modest recovery. This book offers a thorough explanation of how and why this decline has happened. It explains the taxicab industry, economic deregulation, competitive market failure, market disruption, price elasticity of demand and other concepts. There is also a wealth of data, computations and analysis for the specialized reader. This book considers the past, present and future of the taxicab and TNC industries in Seattle, It is recommended for both the general reader and industry professionals.
First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.
Examining the development and design of regulatory structures in the online environment, The Regulation of Cyberspace considers current practices and suggests a regulatory model that acknowledges its complexity and how it can be used by regulators to provide a more comprehensive regulatory structure for cyberspace. Drawing on the work of cyber-regulatory theorists, such as Yochai Benkler, Andrew Shapiro and Lawrence Lessig, Murray explores and analyzes how all forms of control, including design and market controls, as well as traditional command and control regulation, are applied within the complex and flexible environment of cyberspace. It includes chapters on: the role of the cyberlawyer environmental design and control online communities cyber laws and cyber law-making. This book is an essential read for anyone interested in law and information technology.
Examining the development and design of regulatory structures in the online environment, The Regulation of Cyberspace considers current practices and suggests a regulatory model that acknowledges its complexity and how it can be used by regulators to provide a more comprehensive regulatory structure for cyberspace. Drawing on the work of cyber-regulatory theorists, such as Yochai Benkler, Andrew Shapiro and Lawrence Lessig, Murray explores and analyzes how all forms of control, including design and market controls, as well as traditional command and control regulation, are applied within the complex and flexible environment of cyberspace. It includes chapters on:
This book is an essential read for anyone interested in law and information technology.
This book examines the legal and regulatory aspects of cryptocurrency and blockchain and the emerging practical issues that these issues involve. The analysis covers a range of advanced economies across the world, in America, Europe and Asia. The book describes, explains and analyses the nature of cryptocurrencies and the blockchain systems they are constructed on in these major world economies and considers relevant law and regulation and their shortcomings. It will be of use and interest to academics, lawyers, regulators and anyone involved with cryptocurrencies and blockchain.
This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.
This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.
Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.
Over the past two decades, the banking industry has expanded and consolidated at a stunningly unprecedented speed. In this time banks have also moved from focusing purely on commercial banking activities to being heavily involved in market-based and transaction-oriented wholesale and investment banking activities. By carrying out an all-encompassing set of activities, banks have become large, complex, interconnected, and inclined to levels of risk-taking not previously seen. With the onset of the 2008 global financial crisis it became apparent that there was an issue of institutions being too big to fail. This book analyses the too-big-to-fail problem of banks in the EU. It approaches the topic from an interdisciplinary perspective using behavioural finance as a tool to examine the occurrence of the global financial crisis and the emergence of the structural problem in large banking institutions. The book draws a comparison between the EU, the US and the UK and the relevant rules to assess the effectiveness of various approaches to regulation in a global context. Chen Chen Hu goes on to use behavioural analyses to provide new insights in evaluating the current structural reform rules in the EU Proposal on Bank Structural Regulation and the newly adopted bank recovery and resolution regime in the EU Bank Recovery and Resolution Directive and the Single Resolution Mechanism (SRM) in the Single Resolution Regulation.
"Cannibalism and the Common Law" is an enthralling classic of legal
history. It tells the tragic story of the yacht Mignonette, which
foundered on its way from England to Australia in 1884. The killing
and eating of one of the crew, Richard Parker, led to the leading
case in the defence of necessity, R. v. Dudley and Stephens. It
resulted in their being convicted and sentenced to death, a
sentence subsequently commuted. In this tour de force Brian Simpson
sets the legal proceedings in their broadest historical context,
providing a detailed account of the events and characters involved
and of life at sea in the time of sail. Cannibalism and the Common
Law is a demonstration that legal history can be written in human
terms and can be compulsive reading. This brilliant and fascinating
book, a marvelous example of eareful historical detection, and
first-class legal history, written by a master.
Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
Modern Beirut was a city of major importance in the Roman world, as
one the three main centers for the study of Roman law. For this
study Linda Jones Hall exploits the numerous primary sources,
including inscriptions, religious histories, literary references,
legal codes, and archaeological reports, to present a composite
history of late antique Berytus - from its founding as a Roman
colony in the time of Augustus, to its development into a center of
legal study under Justinian.
Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.
This book explores key innovations in Rwandan law, exploring how the country has tried to combine the homegrown legal system with the civil law and common law legal systems to create a new hybrid legal system. The author explores the history of Rwandan law through the pre-colonial, to colonial and post-independence periods, and examines the homegrown legal and justice approaches, such as Gacaca, Abunzi, and Imihigo, introduced to deal with legal problems that could not be dealt with using the western legal system in post genocide Rwanda. The book highlights the innovative Rwandan approach to incorporating international law in the domestic legal system; it also covers the evolution of Rwandan constitutional law and constitutionalism since independence, and the development of family law from a legal system that oppressed women to one that promotes the rights of girls and women. Finally, the book explores the combination of common law and civil law systems in the development of the new Rwandan criminal law and in the transformation of the organization, jurisdiction, and functioning of Rwandan courts. This book will be of interest to scholars and students of African law, international law, and the legal system in Rwanda.
Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.
When do opposition party leaders build pre-electoral alliances to compete against electoral autocrats? Through two pairs of case study comparisons in East and Southeast Asia-between the Philippines and South Korea in the late 1980s, and between Malaysia and Singapore from 1965 to 2020-Opposing Power argues that opposition elites' perceptions of regime vulnerability and mutual dependency shape their efforts to construct alliances. Multiple regime-debilitating events striking the incumbent within a short period of time can raise opposition expectations of impending victory, galvanizing efforts for inter-party coordination. Clear information about the relative strengths and weaknesses of opposition parties fosters recognition of their mutual dependency, inducing party leaders to coordinate towards joint victory. Drawing on a broad range of archival material and a wealth of fieldwork, Opposing Power illustrates how dueling opposition parties can sometimes become strange bedfellows.
This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy's place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.
Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan's predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people's deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.
The exiled Russian sociologist and legal scholar Nicholas S. Timasheff's place in the forefront of the sociology of law was established with the publication, in 1939, of An Introduction to the Sociology of Law. His magnum opus articulates a systematic legal sociology. The book's title is misleading, giving the false impression that the volume is merely a textbook intended for classroom use. It is much more than this. An Introduction to the Sociology of Law is a sophisticated treatise that explains, precisely and methodically, the law as a social force. It makes two fundamental points: law can, indeed must, be studied by sociology, and law is a combination of socio-ethical and imperative coordination of human behavior. A continuing thread in Introduction is Timasheff's interest in the dialectical interplay between the positive law and the living law. What is more, he discusses at length what he considers to be the essential systems of thought and action in the social sciences. Timasheff sees sociology's purpose as the study of similar, related, or clusters of social phenomena. Accordingly, Timasheff's focus is principally on the law's causal reality. Several scholars have made a case for bestowing the title of "founder" of the sociology of law on Timasheff. Certainly the sociolegal theory and methodological prescriptions that he explicates in An Introduction to the Sociology of Law will inspire a new generation of law and society scholars. Many of the proposals that he makes merit elaboration, modification, and verification, and that effort must begin with the study of this monumental work.
Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.
The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology. Because Ehrlich's texts in English have long been unavailable, many of his ideas, while commonplace in sociological research and theory, are not commonly attributed to his work. The new introduction by Klaus Ziegert addresses some of the reasons Ehrlich has been overlooked in the literature. In so doing, Siegert to sketches the context in which Ehrlich worked and discusses his major tenets. Among the topics covered in Ziegert's substantial introduction to this volume is the current relevance of Ehrlich's work. He also addresses the key issues in socio-legal theory and methodology, which were touched upon by Ehrlich and are still very much at the cutting edge of socio-legal research and a sociological theory of law. This book will be of keen interest to students of sociological theory and law.
Best known as a history of progress, "Ancient Law" is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase "from status to contract" familiar. His narrative spans the ancient world, in which individuals were tightly bound by status to traditional groups, and the modern one, in which individuals are viewed as autonomous beings, free to make contracts and form associations with whomever they choose. Maine's dichotomy between status-based societies and contract-based societies is a variation on a theme that has absorbed the social sciences for a century: the distinction between "Gemeinschaft" (community) and "Gesellschaft" (society). This theme has been elaborated upon by such eminent scholars as Tonnies, Durkheim, Weber, Simmel, and Parsons. Along with many lesser scholars, they have considered what we gained and what we lost when we left behind a social world held together by communal, primordial bonds, and adopted one based upon impersonal temporary agreements among individuals. Maine wrote "Ancient Law" to increase knowledge about the internal mechanics of developing societies. He felt a key objective was better understanding of how law develops over time. Failure to understand temporal processes in relation to legal development, he argues, leads to the creation of false dichotomies. The most important of these is the alleged division between the ancient and the modern, which Maine described as an "imaginary barrier" at which modern scholars feel they must stop and go no further. Maine's desire to breach this barrier led him to present this complex and richly nuanced analysis of legal evolution. This book will be of interest to historians, political philosophers, and those interested in the development of law.
Georges Gurvitch occupies an interesting position in the development of the sociology of law. In the period immediately preceding its quantitative expansion, he produced an explicitly conceived systematic theoretical intervention. What is particularly significant about Gurvitch's "Sociology of Law" at first appears as a contradiction. His work has had very little lasting impact on developments within the field of the sociology of law. At best, his existence is occasionally footnoted, but he engendered no great controversy or debate, nor does he have any active contemporary "disciples." Despite this lack of attention, Gurvitch work provides a concentrated expression of the theoretical problems that beset the field. The core of Gurvitch's sociology of law is at root a continuation of the efforts, apparent in the work of Max Weber, to resolve or integrate the dualism which is so markedly affecting law. It is the apparent dualism between law as a positive institution resting upon a framework of social power, while at the same time being a system of values or norms having some compelling internal strength and validity. Gurvitch's "Sociology of Law" shines as a beacon in the ongoing quest for a transformative vision of law. The new introduction by Alan Hunt discusses Gurvitch's place in the history of the sociology of law and the context in which his works should be placed. It also features a brief biography of the sociologist as well as a discussion of the central features of Gurvitch's sociology. This book will be of interest to students of sociology and law. |
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