Sources Of Law Legal Change And Ambiguity
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Sources Of Law Legal Change And Ambiguity
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Author : Alan Watson
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-12-09
Sources Of Law Legal Change And Ambiguity written by Alan Watson and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-09 with Law categories.
Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources—custom, legislation, scholarly writing, and judicial precedent—from which it derives.
Failures Of The Legal Imagination
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Author : Alan Watson
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-12-09
Failures Of The Legal Imagination written by Alan Watson and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-09 with Law categories.
In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.
Certainty In Law
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Author : Humberto Ávila
language : en
Publisher: Springer
Release Date : 2016-07-20
Certainty In Law written by Humberto Ávila and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-20 with Law categories.
Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law and common law countries alike. Normative sources are increasingly diverse in origin (national, international, community) and multiple in nature (legal, contractual, jurisprudential). They change constantly, and present increasingly frequent problems of ambiguity and vagueness that significantly hinder their comprehension. This state of affairs, which to a greater or lesser extent is true of any legal order, justifies a return to the subject of legal certainty. In this book, essential questions are answered such as: Legal certainty in what sense? Certainty of what, for whom, in whose vision and by whom? When, to what extent, and to what end? “(...) it is probably the most comprehensive and systematic study ever produced on this subject using the analytical method.” (Riccardo Guastini, Professor of Jurisprudence, University of Genoa, Italy)
Legal Origins And Legal Change
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Author : Alan Watson
language : en
Publisher: A&C Black
Release Date : 1991-01-01
Legal Origins And Legal Change written by Alan Watson and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with Law categories.
Pluralism In International Criminal Law
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Author : Elies van Sliedregt
language : en
Publisher: OUP Oxford
Release Date : 2014-10-02
Pluralism In International Criminal Law written by Elies van Sliedregt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-02 with Law categories.
Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Legal Reform In The Contemporary Socialist World
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Author : Ngoc Son Bui
language : en
Publisher: Oxford University Press
Release Date : 2024-08-27
Legal Reform In The Contemporary Socialist World written by Ngoc Son Bui 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 2024-08-27 with Law categories.
Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.
The Digest Of Justinian
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Author : Alan Watson
language : en
Publisher: University of Pennsylvania Press
Release Date : 1998
The Digest Of Justinian written by Alan Watson and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
The most famous and influential collection of legal materials in world history, now available for the first time in a two-volume English-language paperback edition.
Society And Legal Change 2nd Ed
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Author : Alan Watson
language : en
Publisher: Temple University Press
Release Date : 2001-08-15
Society And Legal Change 2nd Ed written by Alan Watson and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-15 with Law categories.
In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();
The Rule Of Laws
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Author : Fernanda Pirie
language : en
Publisher: Profile Books
Release Date : 2021-11-18
The Rule Of Laws written by Fernanda Pirie and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.
Comparative Law And Legal Traditions
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Author : George Mousourakis
language : en
Publisher: Springer Nature
Release Date : 2019-11-01
Comparative Law And Legal Traditions written by George Mousourakis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-01 with Law categories.
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.