Racial Justice Policies And Courts Legal Reasoning In Europe
DOWNLOAD
Download Racial Justice Policies And Courts Legal Reasoning In Europe PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Racial Justice Policies And Courts Legal Reasoning In Europe book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Racial Justice Policies And Courts Legal Reasoning In Europe
DOWNLOAD
Author : María Elósegui
language : en
Publisher: Springer
Release Date : 2017-04-08
Racial Justice Policies And Courts Legal Reasoning In Europe written by María Elósegui and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-08 with Law categories.
This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
The Legal Reasoning Of The Court Of Justice Of The Eu
DOWNLOAD
Author : Gunnar Beck
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-21
The Legal Reasoning Of The Court Of Justice Of The Eu written by Gunnar Beck and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-21 with Law categories.
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
Responsibility For Negation Of International Crimes
DOWNLOAD
Author : Patrycja Grzebyk
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date :
Responsibility For Negation Of International Crimes written by Patrycja Grzebyk and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.
Democratic Institutions And Practices
DOWNLOAD
Author : Juan José Gómez Gutiérrez
language : en
Publisher: Springer Nature
Release Date : 2022-09-23
Democratic Institutions And Practices written by Juan José Gómez Gutiérrez and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-23 with Political Science categories.
This book explores key contemporary issues of democracy in our globalized and highly technologized world. Written from an interdisciplinary perspective, with contributions including the fields of philosophy, political science, media studies, linguistics, and aesthetics, it reflects on the characteristics of the democratic state and democratic social practices. The book features contributions on topics such as the status of political parties, the separation of powers and the rule of law, bureaucracy and meritocracy, equality, forms of democratic participation and governance, comparisons between historical and contemporary democratic practices, individual rights, propaganda, political engagement, and consent. Further, it discusses how global information flows and new technologies affect democratic processes, including topics such as cyber-activism and open-source software as a means of empowerment to ethnocentric and class-centric technological design, globalization and media neutrality, and the mechanization of public administration. Overall, the book demonstrates how historical, philosophical, technical, and institutional issues relate to contemporary democracy. It will appeal to political theorists, social scientists and everybody interested in contemporary democracy.
Alt Right Gangs
DOWNLOAD
Author : Shannon E. Reid
language : en
Publisher: University of California Press
Release Date : 2020-09-22
Alt Right Gangs written by Shannon E. Reid and has been published by University of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-22 with Social Science categories.
Alt-Right Gangs provides a timely and necessary discussion of youth-oriented groups within the white power movement. Focusing on how these groups fit into the current research on street gangs, Shannon E. Reid and Matthew Valasik catalog the myths and realities around alt-right gangs and their members; illustrate how they use music, social media, space, and violence; and document the risk factors for joining an alt-right gang, as well as the mechanisms for leaving. By presenting a way to understand the growth, influence, and everyday operations of these groups, Alt-Right Gangs informs students, researchers, law enforcement members, and policy makers on this complex subject. Most significantly, the authors offer an extensively evaluated set of prevention and intervention strategies that can be incorporated into existing anti-gang initiatives. With a clear, coherent point of view, this book offers a contemporary synthesis that will appeal to students and scholars alike.
The Legal Reasoning Of The Court Of Justice Of The Eu
DOWNLOAD
Author : Gunnar Beck
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-21
The Legal Reasoning Of The Court Of Justice Of The Eu written by Gunnar Beck and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-21 with Law categories.
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
The Limits Of Legal Reasoning And The European Court Of Justice
DOWNLOAD
Author : Gerard Conway
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
The Limits Of Legal Reasoning And The European Court Of Justice written by Gerard Conway 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 2012-01-12 with Law categories.
The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Law Reason And Emotion
DOWNLOAD
Author : Mortimer Sellers (org.)
language : en
Publisher: Initia Via Editora
Release Date :
Law Reason And Emotion written by Mortimer Sellers (org.) and has been published by Initia Via Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
Volume II: Special Workshops Initia Via Editora
Legitimacy And International Courts
DOWNLOAD
Author : Harlan Grant Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-22
Legitimacy And International Courts written by Harlan Grant Cohen 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 2018-02-22 with Law categories.
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.
The Court Of Justice Of The European Union And The Politics Of Law
DOWNLOAD
Author : Sabine Saurugger
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-24
The Court Of Justice Of The European Union And The Politics Of Law written by Sabine Saurugger and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Political Science categories.
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.