The Turning Point In Private Law

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The Turning Point In Private Law
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Author : Ugo Mattei
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
The Turning Point In Private Law written by Ugo Mattei 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 2018-10-26 with Law categories.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Law In Japan
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Author : Daniel H. Foote
language : en
Publisher: University of Washington Press
Release Date : 2011-10-17
Law In Japan written by Daniel H. Foote and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-17 with Social Science categories.
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
A Study Of Mixed Legal Systems Endangered Entrenched Or Blended
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Author : Sue Farran
language : en
Publisher: Routledge
Release Date : 2016-03-16
A Study Of Mixed Legal Systems Endangered Entrenched Or Blended written by Sue Farran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.
A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.
The Routledge Handbook Of International Law And Anthropocentrism
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Author : Vincent Chapaux
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-15
The Routledge Handbook Of International Law And Anthropocentrism written by Vincent Chapaux and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.
This handbook explores, contextualises and critiques the relationship between anthropocentrism – the idea that human beings are socially and politically at the centre of the cosmos – and international law. While the critical study of anthropocentrism has been under way for several years, it has either focused on specific subfields of international law or emanated from two distinctive strands inspired by the animal rights movement and deep ecology. This handbook offers a broader study of anthropocentrism in international law as a global legal system and academic field. It assesses the extent to which current international law is anthropocentric, contextualises that claim in relation to broader critical theories of anthropocentrism, and explores alternative ways for international law to organise relations between humans and other living and non-living entities. This book will interest international lawyers, environmental lawyers, legal theorists, social theorists, and those concerned with the philosophy and ethics of ecology and the non-human realms. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by University of Gothenburg and Lund University.
The Palgrave Handbook Of Environmental Politics And Theory
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Author : Joel Jay Kassiola
language : en
Publisher: Springer Nature
Release Date : 2023-03-02
The Palgrave Handbook Of Environmental Politics And Theory written by Joel Jay Kassiola and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Political Science categories.
This Handbook aims to provide a unique and convenient one-volume reference work, exhibiting the latest interdisciplinary explorations in this urgently burgeoning field of intellectual and practical importance. Due to its immense range and diversity, environmental politics and theory necessarily encompasses: empirical, normative, policy, political, organizational, and activist discussions unfolding across many disciplines. It is a challenge for its practitioners, let alone newcomers, to keep informed about the ongoing developments in this fast-changing area of study and to comprehend all of their implications. Through the planned volume’s extensive scope of contributions emphasizing environmental policy issues, normative prescriptions, and implementation strategies, the next generation of thinkers and activists will have very useful profiles of the theories, concepts, organizations, and movements central to environmental politics and theory. It is the editors’ aspiration that this volume will become a go-to resource on the myriad perspectives relevant to studying and improving the environment for advanced researchers as well as an introduction to new students seeking to understand the basic foundations and recommended resolutions to many of our environmental challenges. Environmental politics is more than theory alone, so the Handbook also considers theory-action connections by highlighting the past and current: thinkers, activists, social organizations, and movements that have worked to guide contemporary societies toward a more environmentally sustainable and just global order. Chapter “Eco-Anxiety and the Responses of Ecological Citizenship and Mindfulness” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Privacy Work
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Author : Frank Hendrickx
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-06-12
Privacy Work written by Frank Hendrickx 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 2023-06-12 with Law categories.
The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.
The Foundations Of European Private Law
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Author : Roger Brownsword
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-09-19
The Foundations Of European Private Law written by Roger Brownsword and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-19 with Law categories.
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Fa Mann
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Author : Jason Grant Allen
language : en
Publisher: Oxford University Press
Release Date : 2024-01-23
Fa Mann written by Jason Grant Allen 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 2024-01-23 with Law categories.
This book traces the life and legacy of a German Jewish lawyer, F A Mann, who moved to the UK in 1933 fleeing racial persecution from Germany, and later became one of the best-known legal minds of his age, equally versed and experienced in legal practice and legal scholarship. With contributions from established and emerging scholars, legal practitioners, and members of the judiciary from around the world, F A Mann: The Lawyer and His Legacy is split into three parts. Part I sets out a legal biography of F A Mann, with a particular emphasis on his background, network, and the insights afforded by previously unstudied archival materials. Part II covers the broad range of sub-disciplines and practice areas in which Mann was active and explores the way in which he helped to form them. Part III, on monetary law, reflects both Mann's outstanding influence and the current topicality of monetary law issues. Drawing on some 12,500 letters of Mann's personal correspondence with judges, academics, and legal practitioners, this book explores how Mann's biography, his equal familiarity with German and English law and with academia and legal practice, and his wide range of legal interests have contributed to his lasting influence on law and legal scholarship.
Handbook On Space Place And Law
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Author : Robyn Bartel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
Handbook On Space Place And Law written by Robyn Bartel 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 2021-04-30 with Social Science categories.
This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.
The Question Of Competence In The European Union
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Author : Loïc Azoulai
language : en
Publisher: OUP Oxford
Release Date : 2014-02-20
The Question Of Competence In The European Union written by Loïc Azoulai and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.