Tatbestandliche Abw Gung Und Beurteilungsspielraum

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European Fundamental Rights And Freedoms

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Author : Dirk Ehlers
language : en
Publisher: Walter de Gruyter
Release Date : 2011-12-07

European Fundamental Rights And Freedoms written by Dirk Ehlers and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-07 with Law categories.

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.

Down The Slippery Slope

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Author : David Lamb
language : en
Publisher: Routledge
Release Date : 2013-01-11

Down The Slippery Slope written by David Lamb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-11 with Philosophy categories.

A `slippery slope' argument in medical ethics is one that opposes itself to a new proposal on the grounds that it is not per se intolerable but will lead to a situation that is. Lamb evaluates such arguments, demonstrating their centrality to the subject.

Patientenautonomie Im Strafrecht

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Author : Dorothea Magnus
language : de
Publisher: Mohr Siebeck
Release Date : 2015-08-12

Patientenautonomie Im Strafrecht written by Dorothea Magnus and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-12 with Social Science categories.

English summary: The autonomy of patients is of existential significance in criminal law, as well as in medical practice - it determines whether or not a medical intervention is prosecutable. Dorothea Magnus develops her own concept of patient autonomy which is ethically viable, workable for the medical practice and applicable in criminal law. German description: Die Patientenautonomie hat sowohl im Strafrecht als auch in der medizinischen Praxis eine existenzielle Bedeutung. An ihr bemisst sich, ob ein arztlicher Eingriff erlaubt oder rechtswidrig ist. Die Patientenautonomie entscheidet bei arztlichen Heileingriffen, in Situationen am Ende des Lebens, in Fallen der Zwangsbehandlungen, der nichttherapeutischen Behandlungen und anderen Bereichen uber die Strafbarkeit des Arztes und das weitere Schicksal des Patienten. Dabei zeigt sich, dass die bisherige Legitimationsfigur der Einwilligung nach Aufklarung, die stellvertretend fur die Selbstbestimmung verwendet wird, der Vielgestaltigkeit der Situationen nicht ausreichend Rechnung tragt. Dorothea Magnus entwickelt daher ein eigenes Konzept zur Patientenautonomie, das aus ethischer Sicht tragfahig, fur die medizinische Praxis brauchbar und fur das Strafrecht einsetzbar ist.

Efficiency Instead Of Justice

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Author : Klaus Mathis
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-03-18

Efficiency Instead Of Justice written by Klaus Mathis and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-18 with Law categories.

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Intermediated Securities

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Author : Pierre-Henri Conac
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-30

Intermediated Securities written by Pierre-Henri Conac 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 2013-05-30 with Law categories.

In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.

Systems Of General Sales Taxation

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Author : Robert F. W. van Brederode
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Systems Of General Sales Taxation written by Robert F. W. van Brederode 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 2009-01-01 with Law categories.

This book gives and general overview of sales taxes and describes main characteristics of consumption taxation. It also provides an economic analysis of all the taxes covered and related tax issues such as tax shifting, tax incidence, the economic effect of reduced rates and exemptions, tax accumulation, regressivity, and the Laffer curve approach. In addition, it offers a tax policy approach in regard to specific economic sectors such as the treatment of small enterprises, financial services, and real property. The author further focuses on contrasts between US sales tax and European VAT (in regard of e-commerce and the treatment of capital goods). The work also offers legal analysis in areas such as cross-border transactions and US constitutional restraints.

Religion And Sexuality In American Literature

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Author : Ann-Janine Morey
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-11

Religion And Sexuality In American Literature written by Ann-Janine Morey 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 2008-12-11 with Literary Criticism categories.

Through the voice of American fiction, Religion and Sexuality in American Fiction examines the relations of body and spirit (religion and sexuality) by asking two basic questions: How have American novelists handled the interaction between religious and sexual experience? Are there instructive similarities and differences in how male and female authors write about religion and sexuality? Using both canonical and noncanonical fiction, Ann-Janine Morey examines novels dealing with the ministry as the medium wherein so many of the tensions of religion and sexuality are dramatized, and then moves to contemporary novels that deal with moral and religious issues through metaphor. Based on a sophisticated and selective application of metaphor theory, deconstruction, and feminist postmodernism, Morey argues that while American fiction has replicated many traditional animosities, there are also some rather surprising resources here for commonality between men and women if we acknowledge and understand the intimate relationship between language and physical life.

Due Process Of Lawmaking

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Author : Susan Rose-Ackerman
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-22

Due Process Of Lawmaking written by Susan Rose-Ackerman 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 2015-01-22 with Law categories.

This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.

The Public S Law

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Author : Blake Emerson
language : en
Publisher: Oxford University Press, USA
Release Date : 2019

The Public S Law written by Blake Emerson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.

Based on author's thesis (doctoral - Yale University, 2016) issued under title: Between public law and public sphere: reconstructing the American Progressive theory of the administrative state.

Instrument Mixes For Environmental Policy

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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2007-06-08

Instrument Mixes For Environmental Policy written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-08 with categories.

Presents case studies analysing instrument mixes applied in OECD countries to address household waste, non-point sources of water pollution in agriculture, residential energy efficiency, regional air pollution and emissions to air of mercury.