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Books > Law > Laws of other jurisdictions & general law > General
The foundations of tort law in European systems differ considerably. Until recently, there was no attempt to harmonize the entire field of tort law in a consistent and comprehensive manner. A group of tort law experts, the "European Group on Tort Law," has been engaged over the last 11 years in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code. In this volume, the authors provide an overview of contributory negligence and its relevance in the allocation of damages under their respective national tort system. Of immense practical importance, the concept of contributory negligence is further examined in an analysis of actual cases. This volume also contains an economic analysis of this area of tort law as well as a comparative report which summarizes and compares the most important elements identified by the individual country reports. In summary, this volume shows the common grounds of contributory negligence in the various legal systems under examination. In addition, it provides the academic and the practitioner with the fundamental aspects of contributory negligence in the countries covered.
The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.
Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.
With a Foreword by the Rt Hon Lord Wilberforce The practical and theoretical policy underpinning the use of judicial remedies on private international law are now assuming great importance within the framework of increasing cross-border litigation. This book is designed to treat these remedies in an analytical and systematic fashion. The forms of relief available,interlocutory and final, have developed into a category of their own, with distinctive principles and considerations. Arising out of a blend of international conventions, national legislation and the jurisprudence of the courts, the remedies have developed their own character quite distinct from the remedies available in national courts under domestic law. Divided into ten chapters, the book provides an analysis of each remedy in theoretical and policy terms, and a practical discussion of the remedies in personam and in rem. Written primarily from the perspective of English law the text also makes use of plentiful comparative examples and will be useful to academics and practitioners 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.
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.
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
A new book covering the Professional Stage syllabus for th e Chartered Institute of Purchasing and Supply's Legal Asp ects course. The book is completely up-to-date and incorpo rates all of the relevant changes in legislation up to 200 1. The text is clear and concise and an excellent aid for those new to the subject but wishing to achieve a high lev el of understanding as quickly as possible. The book will also prove to be a useful asset to practising purchasing m anagers who require a clear and concise guide to relevant law.
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.
At the core of the educational cosmos stands the pupil, the student. He or she has rights sanctioned by a national and international judicial apparatus. The freedoms of parents, teachers and educational establishments are functional in the service of the user of educationa (TM). Educational sociologists have for some time been interested in the relationship between the behaviour of pupils and the quality and the effectiveness the school. Practitioners of law in general, and education law in particular, cannot ignore the legal status of the education user. Education is interwoven with a diversity of disciplines within the legal domain, as well as with other scientific disciplines. Based on the papers and discussions which arose from the 1996 annual conference of the European Education Law and Policy Association, held in Dublin, this volume contains a combination of in-depth articles, synthetic reports of comparative international research and country reports on the status of pupils in Europe. Together they offer the reader a wide-ranging analysis of this complex and timely topic. Yet there is a common theme which runs throughout this collection a " that of the ethical relevance of the law, alongside a concern for the social and cultural equality of every child.
This volume analyzes the judicial reform processes funded by international donor organizations in Latin America. As billions of dollars are spent on judicial reform, it is pertinent to ask about the fate of these projects. The authors examine the way in which international organizations rationalize and prioritize their reform proposals and agenda in Latin America; how reform agendas are implemented and followed up (or not); how international donor organizations relate to national governments and civil society, and to each other; and what factors account for the successes and failures of their reform initiatives. The book also addresses the question of the connection between rule of law reform and broader processes of regime consolidation and state building, from both a political and a social perspective.
What makes one crime more serious than another, and why? This book investigates the problem of "seriousness of offence" in English law from the comparative perspective of biblical law. Burnside takes a semiotic approach to show how biblical conceptions of seriousness are synthesised and communicated through various descriptive and performative registers. Seven case studies show that biblical law discriminates between the seriousness of different offences and between the relative seriousness of the same offence when committed by different people or when performed in different ways. Recurring elements include location and the offender's social statue. The closing chapter considers some of the implications for the current debate about crime and punishment.
Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
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:
Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.
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. |
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