Social Justice And Access Justice In Private Law
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Social Justice And Access Justice In Private Law
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Author : Hans-W. Micklitz
language : en
Publisher:
Release Date : 2011
Social Justice And Access Justice In Private Law written by Hans-W. Micklitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Civil law categories.
During the C20th, the Member States of the European Union developed their own models of social justice in private law. Each model is inherently linked to national culture and tradition. However, all models have a common thread, which is the use of the law by the (social welfare) state as a means to protect the weaker party against the stronger party. Since the adoption of the Single European Act in 1986, the European Union has assumed a social outlook which has gradually developed over time eventually taking shape in the Lisbon Treaty and the Charter of Fundamental Rights. Since the adoption of the SEA, more particularly the White Paper on the Completion of the Internal Market, [1] the European Union adopted a huge set of secondary law means which influence either directly (consumer, labour, anti-discrimination and business law directives) or indirectly (directives meant to liberalise markets, e.g. telecommunication, postal services, energy - electricity and gas, transport, health care) private law matters. This new regulatory private law is governed by a different philosophy, one which cannot be brought into line with the understanding of social justice as enshrined in labour or later the consumer movement and one which is challenging national models of social justice in private law. I call the EU model of justice access justice/Zugangsgerechtigkeit (justice through access, not access to justice), i.e. that it is for the European Union to grant access justice to those who are excluded from the market or to those who face difficulties in making use of the market freedoms. European private law rules have to make sure that the weaker parties have and maintain access to the market - and to the European society insofar as this exists.
The Politics Of Justice In European Private Law
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Author : Hans-W Micklitz
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-15
The Politics Of Justice In European Private Law written by Hans-W Micklitz 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 2018-11-15 with Law categories.
Compares national concepts of social justice with the developing European concept of access justice.
The Many Concepts Of Social Justice In European Private Law
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Author : H. W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-11-01
The Many Concepts Of Social Justice In European Private Law written by H. W. Micklitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Second Best Justice
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Author : J. Mark Ramseyer
language : en
Publisher: University of Chicago Press
Release Date : 2015-11-19
Second Best Justice written by J. Mark Ramseyer and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Law categories.
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Property Rights And Social Justice
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Author : Rachael Walsh
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-10
Property Rights And Social Justice written by Rachael Walsh 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 2021-06-10 with Law categories.
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Access To Justice And Legal Aid
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Author : Asher Flynn
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Access To Justice And Legal Aid written by Asher Flynn and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
International Health Law
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Author : André den Exter
language : en
Publisher: Maklu
Release Date : 2008
International Health Law written by André den Exter and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Health & Fitness categories.
In the twenty-first century, complex health care problems have remained unsolved. Conflicts between public interests and individual rights, evolving public health crises in low income countries, the challenge of regulating health professionals, and the effects of globalisation on health (care systems) dominate the contemporary debates in this field. In a way, these problems expose the (regulatory) weaknesses of health systems responding to these questions. Facing these problems, health lawyers and policy makers should - more than in the past - focus on underlying normative values in health care. Core values include solidarity and justice in health care access. International Health Law explores the underlying normative values of health systems from a global and local perspective. Apart from examining country experiences, the authors provide an interesting and valuable contribution to the (inter)national legal and health policy debate on guaranteeing equal access to health care facilities, resisting a market or consumer-driven movement. By explaining health systems in terms of access, solidarity and justice, International Health Law could contribute strengthening health systems, including equal access. Book jacket.
Courting Social Justice
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Author : Varun Gauri
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-15
Courting Social Justice written by Varun Gauri 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 2010-03-15 with Political Science categories.
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Private Law In The 21st Century
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Author : Kit Barker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Private Law In The 21st Century written by Kit Barker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
From Dissonance To Sense
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Author : Thomas Wilhelmsson
language : en
Publisher: Routledge
Release Date : 2019-01-04
From Dissonance To Sense written by Thomas Wilhelmsson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-04 with Law categories.
First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.