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Author: Austin Sarat
Publisher:
ISBN: 9781625343543
Category : Law and art
Languages : en
Pages : 0
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Book Description
"In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Author: Austin Sarat
Publisher:
ISBN: 9781625343543
Category : Law and art
Languages : en
Pages : 0
Get Book Here
Book Description
"In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Author: Julie Stone Peters
Publisher: Oxford University Press
ISBN: 0192653598
Category : Literary Criticism
Languages : en
Pages : 367
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Book Description
Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
ISBN: 9403526343
Category : Law
Languages : en
Pages : 610
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Book Description
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Author: Svetozar Pejovich
Publisher: Edward Elgar Publishing
ISBN: 1848442904
Category : Business & Economics
Languages : en
Pages : 191
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Book Description
Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a
Author: G. Guterman
Publisher: Springer
ISBN: 1137411007
Category : Political Science
Languages : en
Pages : 360
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Book Description
How has contemporary American theatre presented so-called undocumented immigrants? Placing theatre artists and their work within a context of on-going debate, Guterman shows how theatre fills an essential role in a critical conversation by exploring the powerful ways in which legal labels affect and change us.
Author: Joshua Chambers-Letson
Publisher: NYU Press
ISBN: 0814771610
Category : Social Science
Languages : en
Pages : 282
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Book Description
Winner of the 2014 Outstanding Book Award presented by the Association for Theatre in Higher Education Taking a performance studies approach to understanding Asian American racial subjectivity, Joshua Takano Chambers-Letson argues that the law influences racial formation by compelling Asian Americans to embody and perform recognizable identities in both popular aesthetic forms (such as theater, opera, or rock music) and in the rituals of everyday life. Tracing the production of Asian American selfhood from the era of Asian Exclusion through the Global War on Terror, A Race So Different explores the legal paradox whereby U.S. law apprehends the Asian American body as simultaneously excluded from and included within the national body politic. Bringing together broadly defined forms of performance, from artistic works such as Madame Butterfly to the Supreme Court’s oral arguments in the Cambodian American deportation cases of the twenty-first century, this book invites conversation about how Asian American performance uses the stage to document, interrogate, and complicate the processes of racialization in U.S. law. Through his impressive use of a rich legal and cultural archive, Chambers-Letson articulates a robust understanding of the construction of social and racial realities in the contemporary United States.
Author: Antoine Masson
Publisher: Springer Science & Business Media
ISBN: 3642021352
Category : Law
Languages : en
Pages : 476
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Book Description
Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.
Author: Lucian A. Bebchuk
Publisher: Harvard University Press
ISBN: 9780674020634
Category : Business & Economics
Languages : en
Pages : 308
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Book Description
The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders. Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives. This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.
Author: J. M. Smits
Publisher:
ISBN: 9789050957144
Category : Contracts
Languages : en
Pages : 0
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Book Description
Introduction / Daniel Haas, Geerte Hesen, Jan Smits -- Specific performance in Dutch law / Daniel Haas, Chris Jansen -- Specific performance in Belgian law / Patrick Wéry -- Specirif performance, a German perspective / Florian Faust, Wolker Wiese -- Specific implement in Scots law / Laura Masgregor -- Contractual derogation and the discretion to refuse an order for specific performance in South Africa / Gerhard Lubbe -- Specific performance in English consumer sales law / Vanessa Mak -- Certain aspects of the right of repair and replacement under EC directive 1999/44 and its implementation in Poland / Aneta Wiewiórwska-Domagalska -- Specific performance within the heirarchy of remedies in European contract law / Viola Heutger, Janwillem Oosterhuis -- Specific performance : procedural aspects in Dutch law / Anthonie W. Jongbloed -- Specific performance in summary proceedings : state of affairs according to Belgian law / Elke Swaenepoel -- The redress of a terminated contract in Belgian law / Flavie Vermander -- Enforcement of the duty to carry on negotiations :(should it be) a possibility in Europe or not? / Carlos Bollen -- Enforcement of side-letters . F. Willem Grosheide -- Specific performance : a historical perspective / Harry Dondort -- Is the system of contract remedied in the Netherlands efficient from a law and economics perspective? / Geerte Hesen, Robert Hardy -- Do economic analysis and fairness influence the right to performancs in ways contrary to one another? / Gerard de Vries.
Author: Sara Berman
Publisher: West Academic Publishing
ISBN: 9781641057585
Category : Bar examinations
Languages : en
Pages : 200
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Book Description
"A second edition book to help law students prepare for a bar exam with a MPT"--
