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Books > Law > Laws of other jurisdictions & general law > General
EU enlargement - to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey's membership - has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies. This book was published as a special issue of Religion, State and Society.
In the past three decades, the Chinese legal system has undergone a substantial transformation, reflecting the economic, social, culture, administrative, and political changes taking place in China. Compared with the situation in the early 1950s when the newly established People 's Republic of China started to construct a socialist legal system and with the situation in the early 1980s when post-Cultural Revolution (1966 76) legal reform had just started, the current Chinese legal system has become a relatively comprehensive system, comparable to a certain degree with the jurisdictions in Western developed countries. This new Major Work collection from Routledge brings together the most representative pieces for a comprehensive set covering every aspect of current Chinese law, providing readers with a one-stop reference resource on China 's legal, judicial, and institutional changes in the past decades, as well as current law and institutions in China.
This volume offers a selection of the works of one of the most persuasive and sophisticated theorists of the free economy and the free society, Arthur Asher Shenfield. Arthur Asher Shenfield was a classical liberal and an astute critic of misguided government intervention in a free economy. He produced sophisticated refutations of both full-blooded socialism and the milder varieties of collectivism and welfarism pioneered in Scandinavia and Western Europe. He was a keen observer of American affairs and included here is a selection of his essays on constitutionalism and law in the United States. These essays trace the decline in legal protection that America has given economic agents and examine the rise of socialist influences in the American judiciary system. Shenfield also offers a robust account of the legal and economic effect of US and European anti-trust law, as well as discussing the adverse effect on economic efficiency caused by trade unions. In these essays, Arthur Asher Shenfield has made the law and economics of a free society accessible to businessmen and policymakers as well as to scholars and students of classical liberal philosophy and law.
This fully updated and accessible textbook combines Year 1 and Year 2 content for the refreshed OCR specification with brand new cases, activities and features to provide comprehensive support for the A level course. Written by experts Nigel Briggs, Nick Price and Richard Wortley, and edited by Sue Teal, the content is carefully tailored to the OCR specification. - Develop conceptual understanding with full coverage of all topics in the OCR A level specification in one book. - Establish a firm understanding with key term definitions and tables of relevant cases and legislation for each topic. - Build sound knowledge and analysis throughout the course with knowledge-based questions and revision summaries at the end of each chapter. This Student Book is endorsed by OCR - This title fully supports the specification - It has passed OCR's rigorous quality assurance programme - It is written by curriculum experts
JirA PribA!n's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Affectionately know as the 'blue book', this definitive guide is written by two of the country's leading experts, and published by two of the leading organisations concerned with the protection of rights of way. The book analyses all the legislation affecting rights of way in England and Wales and explains the current legal lay of the land in contemporary and accessible terms. "The Blue Book" aims to state the law as at 1 October 2006, and is an essential work of reference for anyone whose work involves rights of way - either as a professional or as a volunteer - and is also a fascinating book for those interested the historical and contemporary usage of the unique network of public paths in England and Wales. The fourth edition has been completely revised. In this edition, two new chapters: The Management of Rights of Way; and Legal Action Over Rights of Way have been included. These draw together material previously distributed between other chapters. Substantial portions of the text have been re-written, and throughout the book we have reflected the many other changes in legislation over the last five years. History of "The Blue Book": "Rights of Way: A Guide to Law and Practice" was first published in 1983, following the implementation of the major changes to legislation made by the Wildlife and Countryside Act 1981. It brought together in one publication material previously published separately by the RA and OSS, together with considerable additional new material, and proved popular with volunteers and professionals alike. A second edition followed in 1992, with a third edition in 2001 following the passage of the Countryside and Rights of Way Act 2000.
There is an ever-increasing interest in the question of how and why legal norms can effectively guide human action. This compact volume demonstrates how economic tools can be used to examine this question and scrutinize these legal norms. Indeed, this is one of the first text to be based on civil law instead of the more usual common law, situating the study of both private and public law within the framework of institutional economics, with recommendations for further reading and a list of key terms in each chapter. Besides the standard economic problems in property, tort, contract, crime and litigation, areas covered include: new institutional economics public choice constitutional law public administrations regulatory impact analysis. This book is essential reading for students in law schools and economics departments alike, particularly those engaged with the methodology of law and economics, applied economics and economic methods of legal policy.
As the preferred choice on EU law for both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. Written in a way which combines clarity with sophisticated analysis, it stimulates students to engage fully with the sometimes complex material, and encourages critical reflection. The new edition reflects the challenges facing the European Union now, with dedicated chapters on Brexit, the migration crisis and the euro area, and with further Brexit materials and analysis integrated wherever relevant. Materials from case law, legislation and academic literature are integrated throughout to present the student with the broadest range of views and deepen understanding of the context of the law. A dedicated site introduces students to the wide ranging debates found in blogs on EU law, EU affairs more generally and Brexit. This is a required text for all interested in European Union law.
Of great interest to practitioners, policymakers and academics - as well as to consumers and traders in general - this timely work addresses all important legal and practical issues that arise in connection with online trading. This important work outlines the existing legislation and legal jurisprudence in the EU and the US and exposes the potential for unfair commercial practices to arise from online contracts, electronic agents, disclosure of information, online advertising and online dispute resolution in cross-border transactions. The continuing prevalence of unfair commercial practices will ensure this book remains in great demand.
This informative book takes the practitioner through the requirements for Part M of the Building Regulations, explaining and expanding the guidance given in the Approved Document, and comparing the advice in BS83000 and other relevant publications. Access statements are demystified, and the implications for the building in use under the Disability Discrimination Act are clarified. It will inform all those working within the built environment, enabling them to deal with a complex and evolving area of the law which directly affects everyone.As with the other books in the Using the Building Regulations series Part M Access goes far beyond analysis of the Regulations and Documents themselves, and offers practical advice on using not just the traditional routes to compliance but also on the alternative approaches suggested but not explained in the Approved Documents. The advantages and disadvantages of each form of compliance are analysed in depth.
Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
The purpose of this book is to explore the different ways in which the state deals with various social groups through the mechanisms of space. It does this by looking at three case studies, involving three social groups within Israel's multicultural society, in which the different roles played by political space in legal analysis are revealed and analysed. The book then proceeds to unearth the unifying logic underlying the disparate legal treatment of political space, brought to light by the three case studies - the Sephardim, the Bedouin-Arab minority, and the ultra-Orthodox community of Jerusalem. depending on the social group involved, an attitude which, the author argues, can be traced back to early Zionist thinking. He goes on to argue that a reform of local government law is required, to correct the segregated system of political space and the separate and unequal distribution of political power, and the economic resources that accompany it.
No other European laws are so frequently violated as environmental directives. This informative and illuminating volume explains why member states have repeatedly failed to comply with European Environmental Law. It challenges the assumption that non-compliance is merely a southern problem. By critically comparing and analyzing Spain and Germany, the volume demonstrates that both northern leaders and southern laggards face compliance problems if a European policy is not compatible with domestic regulatory structures. The North-South divide is therefore much more complex than previously thought. Examining each country's capabilities of shaping European policies according to its environmental concerns and economic interests, the book debates the possible outcomes if the European Union does not come to terms with the leader-laggards dynamics in environmental policy-making. It will be a prime resource for anyone concerned with environmental policy-making and law, particularly within the EU, as well as those interested in environmental and political geography.
"Journalism and the Debate Over Privacy" situates the discussion of
issues of privacy in the landscape of professional journalism.
Privacy problems present the widest gap between what journalism
ethics suggest and what the law allows. This edited volume examines
these problems in the context of both free expression theory and
newsroom practice.
Over much of Africa, crime and insurgency are a serious problem and one in which the distinction between the two is being eroded.A Left without state protection people have sought to preserve their lives and property through vigilante groups and militias that pay scant attention to the law or human rights.A Likewise, the state security forces, under pressure to cut crime and rebel activity, readily discard lawful procedures.A Torture provides them with vital information, whilst extra-judicial executions save the need to go through the prolonged criminal justice system. After a general overview of the role of the rule of law in a democratic society, Bruce Baker provides five case studies that capture the current complex realities and their impact on the new democracies.A The citizen responses considered are vigilantes in East African pastoral economies, The Bakassi Boys an anti-crime group in Nigeria and private policing initiatives in South Africa.A The state responses are those of the Ugandan Defence Forces towards the Lords Resistance Army, the Senegalese army towards the Casamance secessionists and the Mozambique Police response towards criminals.
This book provides a comprehensive and up-to-date review of the relationship between psychology, moral reasoning theory and offending behaviour. It sets out the theory and research which has been carried out in the field, and examines the ways in which this knowledge has been used in practice to inform treatment programmes for offenders. This book pays particular attention to Kohlberg's theory of moral reasoning, providing a link between this theory and developmental psychology, along with a review of more recent critiques of this theory and an analysis of the difficulties of accurately assessing moral reasoning. The book goes on to assess moral reasoning as an explanation of offending behaviour, looking at how moral reasoning interacts with child rearing and family factors, social factors and social cognition. Offending is therefore presented as a complex phenomenon caused by an interaction of variables that are internal and external to the individual. The book concludes with a consideration of how knowledge and research in the area of moral reasoning and offending has been used in practice to inform treatment programmes for offenders, looking at a variety of different settings (prison, residential settings, and in the community).
This volume provides an introduction to the major themes and theoretical perspectives of contemporary work in Law and Anthropology. It reflects both important recent ethnography of law and the state, and the dialogue of jurists and anthropologists concerning legal institutions in the present era of economic globalization and renewed civil and international conflict.
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
China's Confucian-based imperial legal system developed and flourished for more than 3000 years. Its disintegration, following the collapse of the last dynasty in 1911, ushered in a new century of legal experimentation, development and intermittent disorder. No single book could possibly offer a completely comprehensive discussion of every element of the rich and diverse system of Chinese law. However, the articles included in this volume illustrate the very best of English language academic scholarship in this area. They represent a collective introduction to the law and legal theory of China and provide a perceptive and well informed guide to a huge subject area of enormous depth and complexity.
This highly accessible book takes a step-by-step approach to the legal theory and practical realities of organizing, negotiating, managing, and protecting an International Joint Venture. It covers every aspect of the subject with numerous examples and problem-solving tips, including dealing with cultural misunderstandings, property rights issues, legal liability, as well as contract advice.
The text begins by presenting general considerations on the rule of law after communism, and then moves its focus inward to consider more particular problems. Part one of the book involves the exploration of the concept of the rule of law itself and the second part considers its most explicitly developed application: constitutionalism. The third part looks into some of the moral dilemmas that are opened up when an attempt is made to adapt law to confront an often distasteful past - not all traces of which have passed. In the fourth part of the book the distinctive problems of crime in post-communist societies is examined, and part five deals with some international implications and ambitions stimulated by the collapse of communism and its aftermath.
A provocative analysis of the problem of all-pervasive corruption and surging violent crime in last Soviet and post-Soviet Russia. Victor Sergeyev asks how it is possible to label and control certain behaviors as deviant in a context where the legal and moral-ethical norms of a collapsed regime have been discredited but not replaced -- particularly when the elite of that failed regime, in league with a patently criminal element, is thriving in the new chaos.
"The Encyclopedia of Civil Rights in America" is a comprehensive reference source on the human rights and civil liberties that are legally recognized in the US. The US Consitution and the Bill of Rights define individual rights for Americans. The successive amendments to the Constitution and Supreme Court decisions further define these rights and relationships while protecting the individual citizen in an ever changing society. "The Encyclopedia of Civil Rights in America" presents students with lucid, enlightening essays on these fundamental documents, court decisions and laws, while examining the aspects of public and private life they serve to protect, and highlighting those individuals who are and have been influential in defining and interpreting civil rights. It is organized in an easy to use A-Z format, from Abolitionists to the contemporary Zoot Suits riots.
The emphasis in this present volume of Professor Feenstra's studies lies on the post-medieval development of legal scholarship. The opening two studies are concerned with the University of Orleans in the 13th-14th centuries, but from there the centre of interest shifts to the early modern Netherlands. Two important themes are the teaching of law, especially at the legal faculties of Leyden and Franeker, and the doctrines of private law (especially property, contract, and succession). The figure of Hugo Grotius, his sources and his influence, dominate these articles. |
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