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Books > Law > Laws of other jurisdictions & general law > General
The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today's Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today's economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors' conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.
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.
Judge Richard A. Posner's work on the economics of public law is a critical component of the interaction between the new law and economics movement and public choice theory. It exemplifies the parallel influence that these two important intellectual movements have had on the current understanding of legal institutions. Together with an insightful introduction by Francesco Parisi, this volume brings together his most important contributions on areas such as: the economics of constitutional law and legislation the economics of criminal law the economics of labour law and employment discrimination the economics of antitrust. The Economics of Public Law will be essential reading for economists, lawyers and judges alike.
The pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. The rigorous and insightful introduction by Francisco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law. In particular he discusses: * anthropology and the emergence of law * tort law * contract law * family law * the economics of privacy. The Economics of Private Law will be essential reading for economists, lawyers and judges alike.
The development of ideas and policy on the control of crime has become an increasingly international affair, necessarily so as crime increasingly crosses national boundaries and as international cooperation in the form of police cooperation, international treaties, protocols and conventions takes firmer shape. Much less well understood, however, is the process whereby ideas about crime control developed in one context are transferred into different countries or regions, and in doing so are then shaped, naturalised and changed in their new context. process of policy transfer and reception. How are particular slogans (zero tolerance policing), gadgets, technical vocabularies (electronic monitoring) and rhetoric (war against crime) spread from place to another, and what new meanings do they take on when this takes place? How are these ideas changed when they meet resistance and counter discourses, and encounter strong local traditions and sensibilities? How differently then are ostensibly similar vocabularies taken up and applied in the distinct settings they encounter. to explore these issues. Their book makes a significant contribution not only to an understanding of crime control policy but of the nature of the process of globalization itself.
From Labour's promise to be 'tough on crime, tough on the causes of crime' through to the White Paper and new criminal justice legislation, controlling crime and reforming the criminal justice system has been one of the government's key priorities. This book provides a detailed review of the thinking behind these new plans and legislation, looking at policies and proposals in the field of punishment, particularly those embodied in the Halliday Review of the Sentencing Framework (2001), the government White Paper Justice for All (2002), and the 2002 Criminal Justice Bill. The contributors to the book subject to scrutiny the evidence for the 'evidence-based policy making' that is often claimed as a distinctive new feature to these processes, examining approaches to drug-dependent offenders, dangerous sex offenders, nuisance offenders, procedural and evidential protections in the courts, sentencing guidelines, sentencing management, racism in sentencing, custody plus, custody minus, and reducing the prison population.
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration. Expert contributors from international and interdisciplinary backgrounds set the politics of EU law in both a historical and contemporary context, exploring the relations between different EU institutions across a variety of substantive policy areas. Identifying the main sites of interaction between law and politics, chapters highlight key theoretical insights providing an in-depth understanding of the field. With up-to-date coverage of the latest developments, this Research Handbook analyses the impact of Brexit, economic and financial crises, migration crises and important trends for law and governance. Discerning and forward-thinking, this Research Handbook will be key reading for students and scholars of European law, European politics, and those with an interest in exploring the interface between the two. Its accessible approach will also engage practitioners in EU law and politics, including lawyers and national government and EU institution officials. Contributors include: A.S. Aldrich, K. Alexandris Polomarkakis, S. Bekker, M. Blauberger, J. Borg-Barthet, P.J. Cardwell, W.T. Daniel, R. Dickson, M. Everson, E. Fahey, A. Frese, M. Gaglia Bareli, M. Geelhoed, M.-P. Granger, A. Heindlmaier, E. Herlin-Karnell, F. Mendez, M. Mendez, E. Morgera, L. Parks, N. Perez-Solorzano Borragan, M. Sanchez Barrueco, S. Saurugger, S. Smismans, F. Terpan, A. Tryfonidou, E. Tsioumani, R. Zahn
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Presents descriptions of the techniques involved in investment property valuation, together with the use of representative examples. This book is aimed at property professionals working in the fields of asset valuation, investment appraisal and advice, portfolio management and landlord and tenant work.
Part of a series that offers mainly linguistic and anthropological research and teaching/learning material on a region of great cultural and strategic interest and importance in the post-Soviet era.
Part of a series that offers mainly linguistic and anthropological research and teaching/learning material on a region of great cultural and strategic interest and importance in the post-Soviet era.
During this era of construction of the information superhighway,
this volume presents a prudent analysis of the pros and cons of
continuing state regulation of telecommunications. While interested
parties either attack or defend state regulation, careful scholarly
analysis is required to strike the appropriate balance of
regulatory federalism. Focusing on regulation in the 1990s, it uses
a positive political economy perspective to analyze enduring
state-federal conflicts and to weigh the justifications and
explanations for continuing state telecommunications regulation, or
for changing its structure. It also considers normative concerns
and makes recommendations about how to improve telecommunications
policy. Seriously concerned with assessing the problems surrounding
cost burdens for different categories of consumers, market entry
for different firms, economic growth and the information
infrastructure, global competitiveness, and control over
information, this volume attempts to provide answers to the
following specific questions:
This book examines the ethical obligations binding a doctor to her patient's confidences and asks "Should those ethical obligations be recognized in the courtroom?". Increasingly, English law has shown a responsiveness to the need to accord respect to patient confidentiality. In practice this has involved the prohibition of unauthorized disclosure of medical records in national newspapers and the provision of special protection for data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the courtroom. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale examines cases to see whether the denial in law of the doctor-patient privilege is consistent with the protection of other confidential relationships. She discusses the nature of medical information and confidentiality and she considers the practical issues and questions which are raised by confidentiality. This book challenges orthodox ideas of medical confidentiality and questions the overriding right of the law.
The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering. This classic guide to the contracts provides and authoritative reference, and also a rich and practical introduction to the principles of construction law.
Jurisprudence – An Introduction is aimed at students about to embark on a course in jurisprudence, legal theory or legal philosophy. The author has analysed the various philosophies extensively, and has indicated the intensity of current jurisprudential debates in relation to South African law.
This book explores the ambiguous legal status of traditional-adat-communities in Indonesia and their informal, traditional rights to communal-ulayat-land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.
Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.
This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU's Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.
This book examines Taiwan's judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan's judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan's legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve. |
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