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Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 141
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Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 141
Get Book Here
Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Author: Julius Walther
Publisher: LIT Verlag Münster
ISBN: 3643915918
Category :
Languages : en
Pages : 272
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Book Description
The planned copyright reform is intended to implement a right to equitable remuneration for authors in the South African Copyright Act. This dissertation examines the claim from a legal policy perspective. After an introduction to the basics of the South African mixed-legal system, the foundations of contract and copyright law are examined. This is followed by an analysis of the current remuneration practice with collecting societies and international legislation. Against this background, the work ends with theses on the effectiveness of the newly introduced right to equitable remuneration.
Author: Michal Krajewski
Publisher: Bloomsbury Publishing
ISBN: 1509947310
Category : Law
Languages : en
Pages : 224
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Book Description
Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
Author: Cara E. Rabe-Hemp
Publisher: Emerald Group Publishing
ISBN: 1787560481
Category : Political Science
Languages : en
Pages : 302
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Book Description
This edited collection examines the intersections of social control, political authority and public policy, providing an insight into the key elements needed to understand the role of governance in establishing and maintaining social control through law and public policy making.
Author: P. Odmalm
Publisher: Springer
ISBN: 0230512380
Category : Social Science
Languages : en
Pages : 268
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Book Description
Comparing differences in migrant political participation, the author discusses the influence that institutions have on opportunities and constraints for migrants' political engagement. The book adopts a multi-country comparative approach, highlighting three areas where institutions influence the scope for migrant actors in Sweden, the Netherlands, France, Germany and the UK: - Strategies adopted by organized migrant interests in response to specific political structures - The role of identity and its relevance in explaining varying political participation - Institutional effects on the relationship between migrant organizations and political parties
Author: Blake Emerson
Publisher: Oxford University Press
ISBN: 0190682892
Category : Law
Languages : en
Pages : 289
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Book Description
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Author: Dimitrios Kyritsis
Publisher: Bloomsbury Publishing
ISBN: 1509933859
Category : Law
Languages : en
Pages : 486
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Book Description
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Author: Justyna Bandola-Gill
Publisher: Springer Nature
ISBN: 3031039386
Category : Political Science
Languages : en
Pages : 174
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Book Description
This open access book conceptualises the Sustainable Development Goals as epistemic infrastructures that connect numbers, networks and governing paradigms.The book approaches quantification not merely as a tool for governing, but rather as a broader epistemic system through which global public policy is produced. This book focuses on the role of international organisations in shaping and implementing the 2030 Agenda and demonstrates how the SDGs have transformed and accelerated trends in quantification.
Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 1009228838
Category : Law
Languages : en
Pages : 333
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Book Description
This book provides new concepts and detailed empirical research on how accountability practices in EU economic governance are evolving.
Author: Vladimir Sucha
Publisher: Elsevier
ISBN: 0128225963
Category : Business & Economics
Languages : en
Pages : 288
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Book Description
Science for Policy Handbook provides advice on how to bring science to the attention of policymakers. This resource is dedicated to researchers and research organizations aiming to achieve policy impacts. The book includes lessons learned along the way, advice on new skills, practices for individual researchers, elements necessary for institutional change, and knowledge areas and processes in which to invest. It puts co-creation at the centre of Science for Policy 2.0, a more integrated model of knowledge-policy relationship. Covers the vital area of science for policymaking Includes contributions from leading practitioners from the Joint Research Centre/European Commission Provides key skills based on the science-policy interface needed for effective evidence-informed policymaking Presents processes of knowledge production relevant for a more holistic science-policy relationship, along with the types of knowledge that are useful in policymaking
