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Books > Law > Jurisprudence & general issues

The Digital Republic - On Freedom and Democracy in the 21st Century (Paperback): Jamie Susskind The Digital Republic - On Freedom and Democracy in the 21st Century (Paperback)
Jamie Susskind
R410 R338 Discovery Miles 3 380 Save R72 (18%) Ships in 9 - 15 working days

A FINANCIAL TIMES BOOK TO READ _______________ ‘One of the foremost thinkers on the transformative impact of the technology revolution’ - TONY BLAIR ‘Original and hopeful . . . a unique guide to the great challenges of the digital age’ - ANNE APPLEBAUM ‘Lucid and persuasive’ - NIALL FERGUSON _______________ The Digital Republic is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? Not long ago, the tech industry was widely admired and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly, a failure derived from decades of muddled ideas and wishful thinking. The Digital Republic charts a new course, with new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, and new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand.

Rights-Based Constitutional Review - Constitutional Courts in a Changing Landscape (Hardcover): John Bell, Marie-Luce Paris Rights-Based Constitutional Review - Constitutional Courts in a Changing Landscape (Hardcover)
John Bell, Marie-Luce Paris
R4,364 Discovery Miles 43 640 Ships in 12 - 17 working days

'This collection is a timely survey of the role of constitutional courts in comparative perspective - it provides an excellent summary of developments in a range of jurisdictions, and locates them in a broader social and political context. Among other factors, it considers global trends toward increasing international and regional human rights protection, increased recognition of second and third generation rights, and trends toward decentralization in democratic governance. It is bound to be of broad interest to both comparative constitutional lawyers and scholars.' - Rosalind Dixon, University of New South Wales, Australia Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policy-makers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science. Contributors: J. Bell, E. Carolan, C. Chandrachud, A. Kavanagh, C. Kelly, J. Lavapuro, T. Ojanen, M.-L. Paris, P. Passaglia, A.R. Robledo, M. Rosenfeld, M. Scheinin, J. Stellios, R. Uitz, M. Verdussen, M. Zagor

Small Law; Big Success - How to Use Business Niche Specialization to Grow a Multi-Million Dollar Law Practice (Hardcover):... Small Law; Big Success - How to Use Business Niche Specialization to Grow a Multi-Million Dollar Law Practice (Hardcover)
Yussuf Aleem, Jacob Slowik
R2,453 Discovery Miles 24 530 Ships in 12 - 17 working days

Harvard Law-graduate authors Yussuf Aleem and Jake Slowik built a multi-million dollar law practice before they were 30 years old using a novel strategy of business niche specialization. They have now written the story behind their success so that other attorneys can learn from their methods and grow their own successful practices. Drawing on the authors'? own experiences and lessons with illustrative examples and real-life applications, the book teaches how they used a novel strategy of business niche specialization to quickly grow their law practice amidst a rapidly changing global economy. The book illustrates why business niche specialization worked for the authors, the characteristics of a business niche that make it right for a law practice, and how the authors adopted specific business tactics that aligned with their strategy and maximized their chances for success. Its innovative, tried and true methods have been broken down into applicable steps so that a strategy can be developed and executed in a way that works for the reader and their specific skill set. From new lawyers who are looking to jumpstart their legal career to established attorneys who need to revitalize their practice and boost their marketability, this book presents an opportunity to anyone who is struggling to succeed in the legal marketplace.

Epistemic Forces in International Law - Foundational Doctrines and Techniques of International Legal Argumentation (Paperback):... Epistemic Forces in International Law - Foundational Doctrines and Techniques of International Legal Argumentation (Paperback)
Jean d'Aspremont
R1,003 Discovery Miles 10 030 Ships in 12 - 17 working days

Epistemic Forces in International Law presents a comprehensive examination of the methodological choices made by international lawyers and provides a discerning insight into the ways in which lawyers shape their arguments to secure validation within the international legal community.International law is defined in this book as an argumentative practice, articulated around a set of foundational doctrines and deployed through rhetorical techniques. Taking an original approach, Jean d'Aspremont focuses on five key foundational doctrines of international legal theory and five key techniques deployed in international legal argumentation. He argues that mastering these foundational principles and argumentative procedures shapes the discourse of international lawyers as much as these discourses shape these foundational doctrines and techniques of legal argumentation. This book is a pertinent contribution to the methodology and theory of international law, illustrating the rationale of the choices made by lawyers in the doctrines of statehood, sources, law-making, international organisations and effectivity. This accessible reflection on the conceptual, theoretical and methodological perspectives of international law will be a salient point of reference for legal academics, researchers and practitioners alike.

Comparative law in Africa - Methodologies and concepts (Paperback): Salvatore Mancuso, Charles M. Fombad Comparative law in Africa - Methodologies and concepts (Paperback)
Salvatore Mancuso, Charles M. Fombad
R614 R541 Discovery Miles 5 410 Save R73 (12%) Ships in 4 - 8 working days

The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.

Research Handbook on the Sociology of International Law (Paperback): Moshe Hirsch, Andrew Lang Research Handbook on the Sociology of International Law (Paperback)
Moshe Hirsch, Andrew Lang
R1,501 Discovery Miles 15 010 Ships in 12 - 17 working days

This innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers. The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship. Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read. Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. Werner

Tort Law - A Comparative Introduction (Hardcover): Eric Tjong Tjin Tai Tort Law - A Comparative Introduction (Hardcover)
Eric Tjong Tjin Tai
R3,161 Discovery Miles 31 610 Ships in 12 - 17 working days

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.

Bounce - Living the Resilient Life (Hardcover, 2nd Revised edition): Robert J. Wicks Bounce - Living the Resilient Life (Hardcover, 2nd Revised edition)
Robert J. Wicks
R703 R660 Discovery Miles 6 600 Save R43 (6%) Ships in 10 - 15 working days

Enriching the balance and meaning of life by better understanding stress and creating your own self-care protocol, Bounce shows you how to live life to the fullest. People are naturally drawn to information on how to improve self-care, create a richer circle of friends, develop and maintain a healthy perspective, and, especially now, the importance of seeing "alone-time" not simply as forced isolation but a venue for new personality development. This aids self-awareness and understanding and improves emotional intellect so we don't react but instead pause to reflect and process life as it unfolds. The original edition of Bounce addressed these areas but then came Covid-19, intense political strife, and increased divisiveness within countries, families, communities, and even faith traditions. The need to greet, successfully adjust to, and even benefit from, such unexpected and broad-reaching change, personally threatening challenges, and stress is of even greater importance now. In addition, styles of living which were taken for granted, such as adults going to work and children educated in an actual classroom, were also radically impacted. As a result, adults were also expected to quickly adapt in order to deal with the questions raised by the young about their own security and hoped-for normalcy. With updated information and a new chapter on post-traumatic growth (PTG), the second edition of Bounce is designed to enhance the search for balance and new meaning to live life to the fullest.

Rethinking Law, Regulation, and Technology (Hardcover): Roger Brownsword Rethinking Law, Regulation, and Technology (Hardcover)
Roger Brownsword
R3,005 Discovery Miles 30 050 Ships in 12 - 17 working days

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose. Having depicted a legal landscape that includes legal rules and principles, regulatory frameworks, technical measures and technological governance, this thought-provoking book presents further exercises in rethinking. These exercises confront communities with a fundamental question about how they are to be governed-by humans using rules or by technical measures and technological management? Chapters rethink the traditional arguments relating to legality, the rule of law, legitimacy, regulatory practice, dispute resolution, crime and control, and authority and respect for law. Examining the role of lawyers and law schools in an age of governance by smart technologies, Rethinking Law, Regulation, and Technology will be a key resource for students and scholars of law and technology, digital innovation and regulation and the law.

Murder: The Biography (Paperback): Kate Morgan Murder: The Biography (Paperback)
Kate Morgan
R230 Discovery Miles 2 300 Ships in 12 - 17 working days

THE CRIMES. THE STORIES. THE LAW 'Fascinating' - Sunday Times 'Masterful' - Judith Flanders 'A page-turning read' - Prof. David Wilson Totally gripping and brilliantly told, Murder: The Biography is a gruesome and utterly captivating portrait of the legal history of murder. The stories and the people involved in the history of murder are stranger, darker and more compulsive than any crime fiction. There's Richard Parker, the cannibalized cabin boy whose death at the hands of his hungry crewmates led the Victorian courts to decisively outlaw a defence of necessity to murder. Dr Percy Bateman, the incompetent GP whose violent disregard for his patient changed the law on manslaughter. Ruth Ellis, the last woman hanged in England in the 1950s, played a crucial role in changes to the law around provocation in murder cases. And Archibald Kinloch, the deranged Scottish aristocrat whose fratricidal frenzy paved the way for the defence of diminished responsibility. These, and many more, are the people - victims, killers, lawyers and judges, who unwittingly shaped the history of that most grisly and storied of laws. Join lawyer and writer Kate Morgan on a dark and macabre journey as she explores the strange stories and mysterious cases that have contributed to UK murder law. The big corporate killers; the vengeful spouses; the sloppy doctors; the abused partners; the shoddy employers; each story a crime and each crime a precedent that has contributed to the law's dark, murky and, at times, shocking standing.

Autonomy and Self-determination - Between Legal Assertions and Utopian Aspirations (Hardcover): Peter Hilpold Autonomy and Self-determination - Between Legal Assertions and Utopian Aspirations (Hardcover)
Peter Hilpold
R3,799 Discovery Miles 37 990 Ships in 12 - 17 working days

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include: X. Arzoz, A. Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R. Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp

Sexual Labor in the Athenian Courts (Hardcover): Allison Glazebrook Sexual Labor in the Athenian Courts (Hardcover)
Allison Glazebrook
R1,325 Discovery Miles 13 250 Ships in 12 - 17 working days

Oratory is a valuable source for reconstructing the practices, legalities, and attitudes surrounding sexual labor in classical Athens. It provides evidence of male and female sex laborers, sex slaves, brothels, sex traffickers, the cost of sex, contracts for sexual labor, and manumission practices for sex slaves. Yet the witty, wealthy, and independent hetaira, well-known from other genres, does not feature. Its detailed narratives and character portrayals provide a unique discourse on sexual labor and reveal the complex relationship between such labor and Athenian society. Through a holistic examination of five key speeches, Sexual Labor in the Athenian Courts considers how portrayals of sex laborers intersected with gender, the body, sexuality, the family, urban spaces, and the polis in the context of the Athenian courts. Drawing on gender theory and exploring questions of space, place, and mobility, Allison Glazebrook shows how sex laborers represented a diverse set of anxieties concerning social legitimacy and how the public discourse about them is in fact a discourse on Athenian society, values, and institutions.

The Great Trials of Clarence Darrow - The Landmark Cases of Leopold and Loeb, John T. Scopes, and Ossian Sweet (Paperback):... The Great Trials of Clarence Darrow - The Landmark Cases of Leopold and Loeb, John T. Scopes, and Ossian Sweet (Paperback)
Donald McRae
R515 R446 Discovery Miles 4 460 Save R69 (13%) Ships in 10 - 15 working days

The courtroom has been a dramatic setting for larger-than-life figures throughout history, but few have attained the almost mythical status of Clarence Darrow. A legend in his own time, "Variety" called him "America's greatest one-man stage draw." Here was a man whose flair for showmanship went hand in hand with a fierce intellect; a man whose shaky moral compass and staggering conceit collided at all turns with an unrivaled eloquence and an overwhelming compassion for humanity.

Darrow had been one of the most revered lawyers in the country, but in 1924 his reputation was still clouded after a narrow escape from a charge of jury tampering in Los Angeles. At the age of sixty-seven he thought his life and career were almost over, until he was offered an impossible assignment--the defense of the teenage "thrill killers" Nathan Leopold and Richard Loeb. Darrow then went on to earn even more international acclaim in two other groundbreaking cases: a classic standoff against William Jennings Bryan in the Scopes Monkey Trial in Tennessee, and the Ossian Sweet murder trial in Detroit. Throughout two crammed and dizzying years, this lion of the court held the Western world in awe as he tackled these three starkly different, history-making cases, each in turn dubbed "the Trial of the Century."

But these trials, as important as they were to Darrow, were not the only events that helped rejuvenate him and seal his courtroom legacy. There was also his enduring relationship with Mary Field Parton, his lover and soul mate, a woman whose role toward the end of his career was larger than many have realized. With fascinating new research and discoveries, including her private journals and letters, "The Last Trials of Clarence Darrow" is an intimate and riveting depiction of this American icon, one of the greatest lawyers this country has ever seen.

Methodologies of Law and Economics (Hardcover, 2nd Revised edition): Thomas S. Ulen Methodologies of Law and Economics (Hardcover, 2nd Revised edition)
Thomas S. Ulen
R3,997 Discovery Miles 39 970 Ships in 12 - 17 working days

When law and economics first became an important part of the legal academy, it was a relatively straightforward application of microeconomic theory to legal issues. However, in the past 40 years the field has expanded its toolkit dramatically. This latest volume in the acclaimed Encyclopedia of Law and Economics maps the methodological territory in law and economics with a series of entries by distinguished scholars. These entries introduce and evaluate the law and economics mechanisms, including: the roles of microeconomic theory, public and social choice, history, complexity theory, philosophy, comparative law studies, behavioral economics and empirical techniques. Each one introduces a methodology, demonstrates its importance to the field of law and economics and assists the reader in navigating the leading literature on that topic. This volume will be an essential reference for all those who research or teach law and economics, law and society or empirical methods in law. Contributors include: N. Garoupa, D. Klerman, M.J. McGinnis, T.J. Miceli, M. Pargendler, D. Roithmayr, H. Spector, M.L. Stearns, T.S. Ulen

Research Handbook on Behavioral Law and Economics (Paperback): Joshua C. Teitelbaum, Kathryn Zeiler Research Handbook on Behavioral Law and Economics (Paperback)
Joshua C. Teitelbaum, Kathryn Zeiler
R1,658 Discovery Miles 16 580 Ships in 12 - 17 working days

'In order to use law to improve social welfare, scholars and policy makers need to be able to predict how people will respond to the legal change. To do so, they must understand when and how decisions are affects by systematic biases and heuristics, including how people respond to changes in either the legal or institutional environment. In this path-breaking volume, Professors Teitelbaum and Zeiler have assembled leading scholars from a variety of disciplines to enrich our understanding of human decision-making and analyze the implications of behavioral analysis for a wide range of legal issues, including antitrust, consumer finance, criminal law, torts, and property. This book will be enormously valuable for students, scholars and policy makers.' - Jennifer Arlen, New York University, School of Law, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field?s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward. The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field. Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook?s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy. Contributors include: S. Agarwal, A. al-Nowaihi, B.W. Ambrose, J. Baron, M. Bos, G. Charness, T. Chorvat, G. DeAngelo, S. Dhami, B. Ho, P.H. Huang, D. Huffman, O.D. Jones, C.M. Landeo, B. Luppi, K. McCabe, G. Mitchell, F. Parisi, S. Payne Carter, P.M. Skiba, A. Stein, T. Wilkinson-Ryan, E. Xiao, K. Zeiler

Comparing the Democratic Governance of Police Intelligence - New Models of Participation and Expertise in the United States and... Comparing the Democratic Governance of Police Intelligence - New Models of Participation and Expertise in the United States and Europe (Hardcover)
Thierry Delpeuch, Jacqueline E. Ross
R4,134 Discovery Miles 41 340 Ships in 12 - 17 working days

Gathering and analyzing of information is a responsibility that police intelligence units are thought to do in relative isolation. Intelligence work in the United States and Europe, however, has been significantly transformed in recent years into a more collaborative process that melds the police with a mix of outsiders to make the practice of acquiring and assessing information more democratic. This volume examines how this partnership paradigm has transformed the ways in which participants gather, analyze and use intelligence for security problems ranging from petty nuisances and violent crimes to urban riots, organized crime and terrorism. The book's expert contributors provide a comparative look at police intelligence by exploring how emerging collaborative ventures have reshaped the way police define and prioritize public safety concerns. The book compares local security partnerships in both centralized and decentralized systems, presenting an unparalleled discussion of police intelligence not only in the English-speaking world, but also in countries like Germany and France, whose adoption of this collaborative paradigm has seldom been studied. Ultimately, this book provides a timely debate about the effectiveness of intelligence gathering tactics and the legitimacy of police tactics and related procedural justice concerns. Because this book situates itself at the intersection of several disciplines, it will find an audience in multiple fields. Its diverse readership includes scholars and students of policing and security studies in law schools, criminal justice programs and political science and sociology departments. Other significant audiences will include professionals and researchers in comparative law, comparative criminal procedure and the study of law and society. Contributors include: H. Aden, A. Barker, A. Crawford, J. de Maillard, T. Delpeuch, R. Epstein, J.A. Fagan, J. Gauthier, F. Lemieux, P. Manning, T.T. Meares, C. Mouhanna, C. Perras, J.E. Ross, S.J. Schulhofer, W.G. Skogan, N. Tilley, T. Tyle

Technology and the Trajectory of Myth (Hardcover): David Grant, Lyria Bennett Moses Technology and the Trajectory of Myth (Hardcover)
David Grant, Lyria Bennett Moses
R3,144 Discovery Miles 31 440 Ships in 12 - 17 working days

Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilising robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility. Students and scholars working in the field of emerging technologies and their relationship to politics, corporations, science, law, ethics, and any combination thereof, will find herein a wealth of new directions for their studies. Legal theorists and legal philosophers in particular will find much food for thought in the presentation of this new paradigm.

Mediation and Law in China (Hardcover): Liao Yong’an, Wang Cong, Duan Ming, Zhao Yiyu Mediation and Law in China (Hardcover)
Liao Yong’an, Wang Cong, Duan Ming, Zhao Yiyu
R7,189 Discovery Miles 71 890 Ships in 12 - 17 working days

This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China’s legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern†in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Legal Research - How to Find & Understand the Law (Paperback, 19th Nineteen ed.): editors of Nolo Legal Research - How to Find & Understand the Law (Paperback, 19th Nineteen ed.)
editors of Nolo
R1,263 R1,001 Discovery Miles 10 010 Save R262 (21%) Ships in 10 - 15 working days
Law, Order and Liberty - Essays in Honour of Tony Mathews (Paperback, New): Carnelley Law, Order and Liberty - Essays in Honour of Tony Mathews (Paperback, New)
Carnelley
R150 R117 Discovery Miles 1 170 Save R33 (22%) Ships in 5 - 10 working days

Law, order and liberty: Essays in honour of Tony Mathews pays tribute to an academic and activist who has profoundly influenced South African law through his books and journal articles on democracy and human rights. Tony Mathews' compelling defence of the rule of law and his unremitting championing of the cause of human rights inspired a generation of law students and practitioners in the darkest days of apartheid. His untimely death just prior to the inception of constitutional democracy in South Africa deprived this nation of one of its most incisive legal minds. In honour of Mathews' rich intellectual legacy, Marita Carnelley and Shannon Hoctor have assembled contributions, principally focusing on administrative law and justice, from a number of eminent scholars - all of whom were influenced and encouraged by his work. As the chapters in this long-overdue book make abundantly clear, Mathews' principled and powerful critique of the apartheid laws that negated human rights, and eviscerated the legitimacy of the South African legal system, remains as a monument to both his moral courage and his legal brilliance. This tribute reminds us of the debt we owe to Mathews and rouses us to spiritedly defend the values that he upheld with such clarity and conviction.

Comparative Insolvency Law - The Pre-pack Approach in Corporate Rescue (Hardcover): Bo Xie Comparative Insolvency Law - The Pre-pack Approach in Corporate Rescue (Hardcover)
Bo Xie
R3,590 Discovery Miles 35 900 Ships in 12 - 17 working days

Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-packaged approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings. The book offers a comparative and critical analysis of the law and practice of the pre-pack approach to corporate rescue in the UK, the USA, and in key EU jurisdictions, and explains the reasons behind the popularity of the UK as forum law for European companies approaching insolvency. Highlighting the advantages and shortcomings of the process, Bo Xie discusses in depth the different approaches adopted in these various jurisdictions to deal with opportunistic use of pre-packs. She also considers proposals to redress the balance within UK pre-packaged administrations by inserting higher transparency and scrutiny safeguards. This highly topical study is a must-read for scholars and legal practitioners working in the fields of corporate insolvency and restructuring.It will also prove of great value to insolvency regulators owing to its topical and in-depth analysis of current developments in the law.

Regulatory Reform in China and the EU - A Law and Economics Perspective (Hardcover): Stefan E. Weishaar, Niels Philipsen,... Regulatory Reform in China and the EU - A Law and Economics Perspective (Hardcover)
Stefan E. Weishaar, Niels Philipsen, Wenming Xu
R3,470 Discovery Miles 34 700 Ships in 12 - 17 working days

With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective. With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Thirdly, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book provides an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China. Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policy-makers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists. Contributors include: R. Chen, Y. Chen, J. Dai, M.G. Faure, S. Feng, B. Gui, H. Jiye, J. Klick, W. Li, R.A. Partain, N. Philipsen, X. Tao, S. Weishaar, G. Xu, W. Xu, T. Zhou, Q. Zhou

Comparative Law as Critique (Hardcover): Gunter Frankenberg Comparative Law as Critique (Hardcover)
Gunter Frankenberg
R3,293 Discovery Miles 32 930 Ships in 12 - 17 working days

'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.' - David Kennedy, Harvard University 'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.' - Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline. Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline. The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.

Elder Law - Evolving European Perspectives (Hardcover): Ann Numhauser-Henning Elder Law - Evolving European Perspectives (Hardcover)
Ann Numhauser-Henning 2
R4,166 Discovery Miles 41 660 Ships in 12 - 17 working days

Population ageing poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law. Providing a deepened understanding of population ageing in terms of vulnerability, intergenerational conflict and solidarity, expert contributors highlight the necessity for a contextualized ageing concept. As well as offering a comparative analysis of active ageing policies across the EU, this book examines a range of topics including age discrimination in employment and the freedom of movement of EU citizens from the ageing individual's point of view. It also goes on to describe elder care developments, discussing the ageing individual's autonomy in relation to both traditional inheritance rights and growing instances of dementia. Timely and engaging, this book will appeal to academic scholars and students in relevant areas of law as well as those studying across the social sciences. Exploring a broad range of socio-legal issues in relation to demographic ageing, it will also inform legal practitioners and policymakers alike. Contributors include: M. Axmin, A. Blackham, C. Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann, T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M. Roennmar, E. Ryrstedt, K. Scott, E. Trolle OEnnerfors, C. Ulander-Wanman, J.J. Votinius, A. Zbyszewska

Coroners' Recommendations and the Promise of Saved Lives (Hardcover): Jennifer Moore Coroners' Recommendations and the Promise of Saved Lives (Hardcover)
Jennifer Moore
R3,472 Discovery Miles 34 720 Ships in 12 - 17 working days

This timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland as well as over 2000 New Zealand coroners' recommendations and includes more than 100 interviews and over 40 surveys. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analyzed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource. Contents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners' Recommendations 4. Do Coroners' Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of Saved Lives: Coroners' Preventive Function 6. Mandatory Responses To Coroners' Recommendations 7. Dying For Change Index

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