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Books > Law > Jurisprudence & general issues > Foundations of law > General
Habermas' recent work makes a major claim, that is to be able to determine what is the most rational thing to do. Postmodernists, notably Lyotard, have perhaps successfully belittled this claim as too positivistic. However it is difficult to see their work as offering more than sheer irrationality as the supposed alternative to Habermas. This book does not dispute the validity of the postmodern critique but it is concerned to resist the irrationality which, thus far, seems to coincide with anti-positivism. The concept utilized in this book is one of justice, a concept that the author uses to demonstrate the theories of both Habermas and Lyotard.
In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.
Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.
The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.
This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: * Spatiotemporal * Sense * Body * Text * Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity. Chapter 21 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138956469_oachapter21.pdf
Democracies and Republics Between Past and Future focuses on the concepts of direct rule by the people in early and classical Athens and the tribunician negative power in early republican Rome - and through this lens explores current political issues in our society. This volume guides readers through the current constitutional systems in the Western world in an attempt to decipher the reasons and extent of the decline of the nexus between 'elections' and 'democracy'; it then turns its gaze to the past in search of some answers for the future, examining early and classical Athens and, finally, early republican Rome. In discussing Athens, it explores how an authentic 'power of the people' is more than voting and something rather different from representation, while the examples of Rome demonstrate - thanks to the paradigm of the so-called tribunician power - the importance of institutionalised mechanisms of dialogic conflict between competing powers. This book will be of primary interest to scholars of legal history, both recent and ancient, and to classicists, but also to the more general reader with an interest in politics and history.
In April 2007, the UKs Commercial Bar Association (COMBAR) held its annual meeting at the University of Richmond, Virginia. The timing of the meeting was designed to form part of the celebration of the 400th anniversary of the signing of the Virginia Charter and the founding of Jamestown. The conference took as its topic "The Rule of Law," and brought together lawyers from around the common law world, as well as some from outside, to debate the meaning and importance of this fundamentally important topic. Judges from the UK Court of Appeal and the UK House of Lords were present to take part, along with members of the US Supreme Court and the US Courts of Appeal, and representatives from around the globe as well as from many different spheres of activity. This book, which commemorates both the conference and the Virginia Charter, brings the learning and wisdom of the conference speakers to a wider audience. The book is published on behalf of the COMBAR, which represents UK barristers w
In keeping with the preceding book on the American Founders, this volume deals mostly with U.S. Presidents and their ideas in the 19th and 20th centuries, from Lincoln (along with his contemporaries Davis and Stevens), Theodore Roosevelt, and Wilson, to Franklin Roosevent, Lyndon Johnson, and Reagan. Part One centers on "Civil War and Reconstruction;" Part Two on "Progressivism and New Deal;'" and Part Three on "Toward Contemporary America." In all three, the overriding concern will be with "Legislative Perspectives of Sovereignty and State." In the mid-19th century, the main central imprints of Abraham Lincoln upon the Union, of Jefferson Davis upon the Confederacy, and of Thaddeus Stevens upon Reconstruction were manifested in ways crucial to this study. Throughout the 20th century, there was a long succession of Presidents whose chief slogans signaled the country's main agenda during their Administrations. Most prominent were Theodore Roosevelt's "Square Deal," and "New Nationalism," Woodrow Wilson's "New Freedom," Franklin Roosevelt's "New Deal," John Kennedy's "New Frontier," Lyndon Johnson's "Great Society," and Ronald Reagan's "Revolution" in government. In these cases, Presidential viewpoints on legislative sovereignty and the legislative state had great impact upon the nation as well as on Congress, notwithstanding the separation of powers. Certain contemporary points of view also loom large. Some emerging hopeful trends toward an American neo-Progressivism are considered, taking their lead from historical frameworks explored in the main body of the book.
Containing some of the most recent and original studies on parking regulation and management from different disciplines, this book offers rigorous analysis from top researchers with a clear intention to deliver policy implications and provide information to the public. The book is organized according to a variety of key topics. Among others, it covers the interaction of parking with other modes of transportation and its demand, its pricing and external effects, the role of information and digitalization, and the effects of regulation and its enforcement. Also, it includes the views of practitioners, who discuss present parking in cities and the future of its management. Written primarily for scholars interested in transportation, mobility, planning and urban affairs, this book is also directly relevant to practitioners and policymakers in government with responsibilities in mobility. Additionally, the book will be of interest to the private sector as it offers a practical link between rigorous academic analyses and the needs of practitioners.
In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns. This typology guides the enquiry into the existing consumer protection frameworks applying to mobile payments in selected jurisdictions (Canada, Kenya, and the United Kingdom). The main objective of this endeavour is to identify best practices that national authorities seeking to leverage mobile payments and similar innovations can emulate. This book will be of interest to policymakers, regulators, industry stakeholders, students and scholars interested in the regulation of innovative financial services, particularly from a consumer protection perspective.
This book reviews a range of reports written by fraud examiners after completing internal investigations. These reports are normally kept secret and are the property of client organizations, which do not wish to disclose potential wrongdoing that can harm the reputation of the businesses. Fraud Examinations in White-Collar Crime Investigations was able to retrieve several recent reports, including foreign aid kickbacks, Russian favors to the Biathlon President, and Leon Black's deals with Jeffrey Epstein. While not claiming that the obtained reports are representative for the outcome of the private investigation industry, the reports do provide insights into the variety of issues that fraud examiners address in their internal investigations and the quality of their work. This book identifies convenience themes and assesses investigation maturity across the reports analyzed. It considers the motives of and opportunities for white collar criminals, as well as their willingness to engage in unlawful activity, and assesses to what extent fraud examiners are either efficient or deficient in their work. A compelling read, this book will appeal to students and scholars of criminology, sociology, law politics and all those interested in fraud examinations in relation to white-collar crime.
An explanation of how building a strong membership programme can catapult a nonprofit organization toward the fulfillment of its mission. This book presents a comprehensive philosophy that sets membership apart from annual giving programmes and provides a step-by-step process for developing a programme within an organization. It features a solid grounding in marketing techniques that offer readers the tools needed to understand their current members and attract new ones, and it guides the organization through the process of linking programme goals with membership goals.
This book investigates the role of law in enabling and addressing the barriers to the development of off-grid renewable electricity (OGRE). The limited development of OGRE is ascribed to a host of social, economic, and legal barriers, including the problem of initial capital costs, existing subsidies for conventional electricity, and lack of technological and institutional capacity. Through the analyses of selected case studies from Africa, Asia, Europe and North and South America, this book discusses the typical barriers to the development of OGRE from a global perspective and examines the role of the law in addressing them. Drawing together the lessons learnt from the case studies, this book offers robust recommendations on how the development of OGRE will support the goal of achieving universal access to low carbon, reliable, and sustainable electricity globally. This volume will be of great interest to students, scholars, policy makers, investors, and practitioners in the fields of energy law and policy, climate change, and renewable energy development.
How globalized information networks can be used for strategic advantage.Until recently, globalization was viewed, on balance, as an inherently good thing that would benefit people and societies nearly everywhere. Now there is growing concern that some countries will use their position in globalized networks to gain undue influence over other societies through their dominance of information and financial networks, a concept known as 'weaponized interdependence'. In exploring the conditions under which China, Russia, and the United States might be expected to weaponize control of information and manipulate the global economy, the contributors to this volume challenge scholars and practitioners to think differently about foreign economic policy, national security, and statecraft for the twenty-first century. The book addresses such questions as: What areas of the global economy are most vulnerable to unilateral control of information and financial networks? How sustainable is the use of weaponized interdependence? What are the possible responses from targeted actors? And how sustainable is the open global economy if weaponized interdependence becomes a default tool for managing international relations?
The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time period when humans have power to impact the Earth system. The Anthropocene is a 'crisis of the earth system'. This book addresses its implications for law and legal thinking in the 21st century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are the leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering and civil disobedience, this handbook will be of enormous interest to academics, students and others with interests in ecological law and the current environmental crisis.
Faced with evolving trade and health dynamics, this book presents a historical, conceptual, and empirical examination of public health and medical procurement in international trade law at a time of emergency. The work argues that the current trade framework is outdated and must be redesigned to suit the new needs of the 21st century. It identifies critical problems within the current international trade system that prevents it from effectively responding to pandemics, as well as to the emerging digital economy. Based on the analysis, the study puts forward specific suggestions to upgrade the current trade rules framework to prepare for future international public health emergencies and further digitalization of health services. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of International Trade Law, Public Health Law and Medical Law.
THE FREEHOF INSTITUTE OF PROGRESSIVE HALAKHAH The Freehof Institute of Progressive Halakhah is a creative research center devoted to studying and defining the progressive character of the halakhah in accordance with the principles and theology of Reform Judaism. It seeks to establish the ideological basis of Progressive halakhah, and its application to daily life. The Institute fosters serious studies, and helps scholars in various portions of the world to work together for a common cause. It provides an ongoing forum through symposia, and publications including the quarterly newsletter, HalakhaH, published under the editorship of Walter Jacob, in the United States. The foremost halakhic scholars in the Reform, Liberal, and Progressive rabbinate along with some Conservative and Orthodox colleagues as well as university professors serve on our Academic Council.
No other book has addressed the subject of the regulation of international air transport in this way Acceptable to academics but also readable by a wider audience Frames the legal history of airline regulation within the wider historical context
Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. In recent years, these rights are receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of socio-economic rights in Africa. It is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires 'freedom from fear and want'
The Rights of War and Peace establishes a system of international law based on the concept of natural law. Natural law, as Grotius describes it, is law that applies to all people, regardless of country or nationality. This law establishes concepts like "justifiable war" and "natural justice." Grotius discusses situations under which countries should go to war, and then further explains the proper way in which wars should be prosecuted. There are, he says, certain rules in warfare that must be observed, regardless of whether the parties involved have signed any specific agreement to do so. Philosophy and law students, as well as those with an interest in international politics, will be amazed at how modern many of Grotius's ideas seem and intrigued by this foray into international law that still has repercussions in the world today. HUGO GROTIUS (1583-1645) was born in the city of Delft in the Dutch Republic. Astoundingly intelligent, he entered the University of Leiden at age eleven and graduated at age fifteen. He was a philosopher and Christian apologist now remembered for his work in establishing a philosophical basis for international law.
This book outlines the legal status of Muslims in Italy. In particular, it highlights that, when it comes to Islam, the Italian legal system exacerbates the dilemma of contemporary constitutional democracies, increasingly caught between the principle of equality and the right to have rights, which implies the respect of diversity. It provides readers with a deep understanding of how domestic and external socio-political factors may muddle the interpretation of Italy’s constitutional provisions, starting with those relating to state secularism and religious freedom. It is argued that today, as never before, these provisions are torn between the principle of equality and the right to be different. This situation has been exacerbated by incessant states of emergency, from immigration to religion-inspired terrorism, in light of which the presence of Islam in the peninsula has been highly politicized. Italy’s experience on the legal status of Muslims provides an interesting case study and, as such, a valuable source of empirical information for a functioning and pluralistic constitutional democracy, especially when dealing with conditions of fear and insecurity. The book will be of interest to researchers, academics, and policy-makers working in the areas of law and religion, constitutional law, comparative law, and human rights.
The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial transactions and their main players (e.g. originators, SPVs and credit rating agencies) and their "ESG" (Environmental, Social and Governance) challenges, particularly the recent regulation passed in the EU during the 2020–2021 global pandemic. The goal of this legal analysis is to identify and clarify the entire legal process of securitisations, as a result of the new EU legislation, as well as duties, responsibilities and practices incumbent on the main players. Furthermore, the monograph is also concerned with the new challenges facing financial markets and their regulation: the new concept of sustainability and the development of technology. In this scenario, there is a blend of financial issues, new environmental challenges and, ultimately, the role human beings are expected to play, also from a social justice perspective. Adopting not just doctrinal methodology but also comparative (from a private law perspective) and interdisciplinary (regulatory and law and economics), the authors also include a discussion of the main literature which has blossomed over the last two decades on structured finance transactions, particularly the literature that unveiled, a decade ago, the concept of shadow banking. This book will be one of the first to focus on the new EU Securitisation Regulation and will be of interest to academics, students and practitioners of financial law.
This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.
This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, `free market religion' has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion and the market. It invites scholars from a variety of disciplines to consider more intentionally the extent to which markets are implicated in and illuminate the place of religion in public life. The book will be a valuable resource for researchers and academics working in the areas of law and religion, ethics and economics. |
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