Production Of Legal Rules
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Production Of Legal Rules
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Author : Francesco Parisi
language : en
Publisher: Edward Elgar Pub
Release Date : 2011
Production Of Legal Rules written by Francesco Parisi and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
'The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.' - Ariel Porat, Tel Aviv University, Israel
The Economics Of Lawmaking
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Author : Francesco Parisi
language : en
Publisher: Oxford University Press
Release Date : 2009
The Economics Of Lawmaking written by Francesco Parisi 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 2009 with Law categories.
"The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Francesco Parisi and Vincy Fon explore the process of legal rule production while considering issues of institutional design from a law and economics point of view." "The authors provide a comprehensive overview of the four fundamental sources of law: legislation, judge-made law. customary law, and international law. The defining features of these four sources are then dissected and closely examined using economic analysts and public choice theory. Each part includes an introduction into the lawmaking process for each source, and goes on to discuss such other issues as the optimal specificity of law in legislation to the theories of legal precedent, and to changes in customary lawmaking."--BOOK JACKET.
Legal Rules And Measurement Of Economic Values
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Author : Jack L. Knetsch
language : en
Publisher:
Release Date : 1982
Legal Rules And Measurement Of Economic Values written by Jack L. Knetsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Document Production In International Arbitration
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Author : Reto Marghitola
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-10-20
Document Production In International Arbitration written by Reto Marghitola 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 2015-10-20 with Law categories.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
One Size Can Fit All On The Mass Production Of Legal Transplants
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Author : Ralf Michaels
language : en
Publisher:
Release Date : 2014
One Size Can Fit All On The Mass Production Of Legal Transplants written by Ralf Michaels and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Law reformers like the World Bank sometimes suggest that optimal legal rules and institutions can be recognized and then be recommended for law reform in every country in the world. Comparative lawyers have long been skeptical of such views. They point out that both laws and social problems are context-specific. What works in one context may fail in another. Instead of “one size fits all,” they suggest tailor made solutions. I challenge this view. Drawing on a comparison with IKEA's global marketing strategy, I suggest that “one size fits all” can sometimes be not only a successful law reform strategy, but also not as objectionable as critics make it to be. First, whereas, “one size fits all” is deficient a functionalist position, it proves to be surprisingly successful as a formalist conception. Second, critics of legal transplants often insists on what can be called “best law” approach, whereas in law reform, what we sometimes need is law that is just” good enough” law. “Third, legal transplants no longer happen in isolation but rather on a global scale, so that context-specific rules are no longer necessarily local. This is not a plea for formal law, for commodification of laws, and for “one size fits all”. But it is a plea to overcome the romanticism and elitism that may lurk behind the seemingly benign suggestion that law reform must always be tailored to the specific societal context.
Precedent And Statute
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Author : Orlin Yalnazov
language : en
Publisher: Springer
Release Date : 2018-11-02
Precedent And Statute written by Orlin Yalnazov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.
Electronic Scientific Technical And Medical Journal Publishing And Its Implications
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2005-05-24
Electronic Scientific Technical And Medical Journal Publishing And Its Implications written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-24 with Political Science categories.
This report is the proceedings of a 2003 symposium on "Electronic Scientific, Technical, and Medical Journal Publishing and Its Implications," which brought together experts in STM publishing, both producers and users of these publications, to: (1) identify the recent technical changes in publishing, and other factors, that influence the decisions of journal publishers to produce journals electronically; (2) identify the needs of the scientific, engineering, and medical community as users of journals, whether electronic or printed; (3) discuss the responses of not-for-profit and commercial STM publishers and of other stakeholders in the STM community to the opportunities and challenges posed by the shift to electronic publishing; and (4) examine the spectrum of proposals that has been put forth to respond to the needs of users as the publishing industry shifts to electronic information production and dissemination.
International Law S Invisible Frames
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Author : Andrea Bianchi
language : en
Publisher: Oxford University Press
Release Date : 2021-09-23
International Law S Invisible Frames written by Andrea Bianchi 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 2021-09-23 with Law categories.
What is international law, and how does it work? This book argues that our answers to these fundamental questions are shaped by a variety of social cognition and knowledge production processes. These processes act as invisible frames, through which we understand international law. To better conceive the frames within which international law moves and performs, we must understand how psychological and socio-cultural factors affect decision-making in an international legal process. This includes identifying the groups of people and institutions that shape and alter the prevailing discourse in international law, and unearthing the hidden meaning of the various mythologies that populate and influence our normative world. With chapters from leading experts in the discipline, employing insights from sociology, psychology, and behavioural science, this book investigates the mechanisms that allow us to apprehend and intellectually represent the social practice of international law. It unveils the hidden or unnoticed processes by which our understanding of international law is formed, and helps readers to unlearn some of the presuppositions that inform our largely unquestioned beliefs about international law.
Legal Validity And Soft Law
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Author : Pauline Westerman
language : en
Publisher: Springer
Release Date : 2018-12-05
Legal Validity And Soft Law written by Pauline Westerman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-05 with Law categories.
This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Global Prescriptions
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Author : Yves Dezalay
language : en
Publisher: University of Michigan Press
Release Date : 2002
Global Prescriptions written by Yves Dezalay and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Essays on the emerging new orthodoxy in international law that advocates the "rule of law" and "civil society" across the globe