A Matter Of Dispute
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A Matter Of Dispute
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Author : Christopher J. Peters
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
A Matter Of Dispute written by Christopher J. Peters and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. --
A Matter Of Dispute
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Author : Christopher J. Peters
language : en
Publisher: Oxford University Press
Release Date : 2011-01-19
A Matter Of Dispute written by Christopher J. Peters and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-19 with Law categories.
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Dispute Processes
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Author : Simon Roberts
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-20
Dispute Processes written by Simon Roberts and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-20 with Law categories.
This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.
South China Sea Dispute
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Author : Ian Storey
language : en
Publisher: Flipside Digital Content Company Inc.
Release Date : 2017-03-09
South China Sea Dispute written by Ian Storey and has been published by Flipside Digital Content Company Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-09 with Political Science categories.
Increasing tensions in the South China Sea have propelled the dispute to the top of the Asia-Pacific's security agenda. Fuelled by rising nationalism over ownership of disputed atolls, growing competition over natural resources, strident assertions of their maritime rights by China and the Southeast Asian claimants, the rapid modernization of regional armed forces and worsening geopolitical rivalries among the Great Powers, the South China Sea will remain an area of diplomatic wrangling and potential conflict for the foreseeable future. Featuring some of the world's leading experts on Asian security, this volume explores the central drivers of the dispute and examines the positions and policies of the main actors including China, Taiwan, the Southeast Asian claimants, America and Japan. The South China Sea Dispute: Navigating Diplomatic and Strategic Tensions provides readers with the key to understanding how this most complex and contentious dispute is shaping the regional security environment.
Social Contracts
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Author : PICA.
language : en
Publisher:
Release Date : 1991
Social Contracts written by PICA. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Art, Australian categories.
Discussions In Dispute Resolution
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Author : Art Hinshaw
language : en
Publisher: Oxford University Press
Release Date : 2021-04-13
Discussions In Dispute Resolution written by Art Hinshaw and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with Law categories.
While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates. Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.
International Dispute Settlement
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Author : J. G. Merrills
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17
International Dispute Settlement written by J. G. Merrills and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
International Dispute Resolution
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Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 2018-07-26
International Dispute Resolution written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-26 with Law categories.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Dispute Resolution
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Author : Paul Pretorius
language : en
Publisher:
Release Date : 1993
Dispute Resolution written by Paul Pretorius and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.
The Qur An As A Matter Of Dispute New Material On The History Of The Hanbalite Ash Arite Controversy In The 12 13 Th Century
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Author : Hans Daiber
language : en
Publisher:
Release Date : 1983*
The Qur An As A Matter Of Dispute New Material On The History Of The Hanbalite Ash Arite Controversy In The 12 13 Th Century written by Hans Daiber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983* with categories.