Legality Matters
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Legality Matters
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Author : Gillian MacNeil
language : en
Publisher: Springer Nature
Release Date : 2021-03-16
Legality Matters written by Gillian MacNeil and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-16 with Law categories.
This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.
Why Law Matters
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Author : Alon Harel
language : en
Publisher: Oxford University Press
Release Date : 2014-04
Why Law Matters written by Alon Harel 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 2014-04 with Law categories.
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Legal Issues Across The Globe
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Author : Thomas Riggs
language : en
Publisher: Legal Issues Across the Globe
Release Date : 2017-09-12
Legal Issues Across The Globe written by Thomas Riggs and has been published by Legal Issues Across the Globe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-12 with Law categories.
Provides worldwide coverage of important legal topics of the day. Each chapter begins with an overview by a legal scholar, providing a framework for understanding the issue. Each overview is then followed by twelve essays on different countries around the world. The essays discuss laws in those countries, as well as the historical and cultural contexts in which those laws came about.
Healthcare And Human Dignity
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Author : Frank M. McClellan
language : en
Publisher: Rutgers University Press
Release Date : 2019-12-13
Healthcare And Human Dignity written by Frank M. McClellan and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-13 with Law categories.
The biases that permeate the American healthcare system are nearly invisible; invisible to all but those they handicap. In Healthcare and Human Dignity, law professor Frank McClellan recounts the experiences of some such individuals and highlights the importance of establishing a healthcare system that prioritizes human dignity.
Law Matters
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Author : Rick Dantzler
language : en
Publisher:
Release Date : 2006
Law Matters written by Rick Dantzler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Constitutional law categories.
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters
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Author : Brendan Tobin
language : en
Publisher: Routledge
Release Date : 2014-08-27
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters written by Brendan Tobin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-27 with Law categories.
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
How Does Law Matter
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Author : Bryant G. Garth
language : en
Publisher: Northwestern University Press
Release Date : 1998
How Does Law Matter written by Bryant G. Garth and has been published by Northwestern University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Matters Of Principle
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Author : Richard S. Markovits
language : en
Publisher: NYU Press
Release Date : 1998-07-01
Matters Of Principle written by Richard S. Markovits and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-07-01 with Law categories.
The United States is generally believed to be a liberal, rights-based culture. In such a society, according to Richard S. Markovits, arguments of moral principle dominate legal discourse. Markovits analyzes various rights related to our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. By taking moral- and legal-rights arguments seriously, the book counters the tendencies of legal academics to substitute non-right-focused policy analysis for rights analysis and of judges to indulge their own political preferences under the guide of executing arcane, morally-disconnected "legal analysis." Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, Matters of Principle is a deeply engaged and thoughtful work, certain to be controversial and much debated.
A Matter Of Principle
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 1986
A Matter Of Principle written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
This is a book about fundamental theoretical issues of political philosophy and jurisprudence. In his familiar forceful and incisive style Professor Dworkin guides the reader through a re-examination of some perennial moral, philosophical, and legal dilemmas.
Criminal Law Principles And The Enforcement Of Eu And National Competition Law
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Author : Marc Veenbrink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-20
Criminal Law Principles And The Enforcement Of Eu And National Competition Law written by Marc Veenbrink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-20 with Law categories.
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236