Author: Allan Beever
Publisher: Edward Elgar Publishing
ISBN: 1800374151
Category : Law
Languages : en
Pages : 343
Book Description
Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
Law’s Reality
Author: Allan Beever
Publisher: Edward Elgar Publishing
ISBN: 1800374151
Category : Law
Languages : en
Pages : 343
Book Description
Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
Publisher: Edward Elgar Publishing
ISBN: 1800374151
Category : Law
Languages : en
Pages : 343
Book Description
Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
Comparative Law
Author: Alan Watson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 338
Book Description
The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 338
Book Description
The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
Divorced from Reality
Author: Jane C. Murphy
Publisher: NYU Press
ISBN: 1479842206
Category : Family & Relationships
Languages : en
Pages : 227
Book Description
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Publisher: NYU Press
ISBN: 1479842206
Category : Family & Relationships
Languages : en
Pages : 227
Book Description
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Theory and Reality in Public International Law
Author: Charles De Visscher
Publisher: Princeton University Press
ISBN: 1400875021
Category : Law
Languages : en
Pages : 398
Book Description
This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Publisher: Princeton University Press
ISBN: 1400875021
Category : Law
Languages : en
Pages : 398
Book Description
This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Augmented Reality Law, Privacy, and Ethics
Author: Brian Wassom
Publisher: Syngress
ISBN: 0128005246
Category : Computers
Languages : en
Pages : 361
Book Description
Augmented Reality (AR) is the blending of digital information in a real-world environment. A common example can be seen during any televised football game, in which information about the game is digitally overlaid on the field as the players move and position themselves. Another application is Google Glass, which enables users to see AR graphics and information about their location and surroundings on the lenses of their "digital eyewear", changing in real-time as they move about. Augmented Reality Law, Privacy, and Ethics is the first book to examine the social, legal, and ethical issues surrounding AR technology. Digital eyewear products have very recently thrust this rapidly-expanding field into the mainstream, but the technology is so much more than those devices. Industry analysts have dubbed AR the "eighth mass medium" of communications. Science fiction movies have shown us the promise of this technology for decades, and now our capabilities are finally catching up to that vision. Augmented Reality will influence society as fundamentally as the Internet itself has done, and such a powerful medium cannot help but radically affect the laws and norms that govern society. No author is as uniquely qualified to provide a big-picture forecast and guidebook for these developments as Brian Wassom. A practicing attorney, he has been writing on AR law since 2007 and has established himself as the world's foremost thought leader on the intersection of law, ethics, privacy, and AR. Augmented Reality professionals around the world follow his Augmented Legality® blog. This book collects and expands upon the best ideas expressed in that blog, and sets them in the context of a big-picture forecast of how AR is shaping all aspects of society. - Augmented reality thought-leader Brian Wassom provides you with insight into how AR is changing our world socially, ethically, and legally. - Includes current examples, case studies, and legal cases from the frontiers of AR technology. - Learn how AR is changing our world in the areas of civil rights, privacy, litigation, courtroom procedure, addition, pornography, criminal activity, patent, copyright, and free speech. - An invaluable reference guide to the impacts of this cutting-edge technology for anyone who is developing apps for it, using it, or affected by it in daily life.
Publisher: Syngress
ISBN: 0128005246
Category : Computers
Languages : en
Pages : 361
Book Description
Augmented Reality (AR) is the blending of digital information in a real-world environment. A common example can be seen during any televised football game, in which information about the game is digitally overlaid on the field as the players move and position themselves. Another application is Google Glass, which enables users to see AR graphics and information about their location and surroundings on the lenses of their "digital eyewear", changing in real-time as they move about. Augmented Reality Law, Privacy, and Ethics is the first book to examine the social, legal, and ethical issues surrounding AR technology. Digital eyewear products have very recently thrust this rapidly-expanding field into the mainstream, but the technology is so much more than those devices. Industry analysts have dubbed AR the "eighth mass medium" of communications. Science fiction movies have shown us the promise of this technology for decades, and now our capabilities are finally catching up to that vision. Augmented Reality will influence society as fundamentally as the Internet itself has done, and such a powerful medium cannot help but radically affect the laws and norms that govern society. No author is as uniquely qualified to provide a big-picture forecast and guidebook for these developments as Brian Wassom. A practicing attorney, he has been writing on AR law since 2007 and has established himself as the world's foremost thought leader on the intersection of law, ethics, privacy, and AR. Augmented Reality professionals around the world follow his Augmented Legality® blog. This book collects and expands upon the best ideas expressed in that blog, and sets them in the context of a big-picture forecast of how AR is shaping all aspects of society. - Augmented reality thought-leader Brian Wassom provides you with insight into how AR is changing our world socially, ethically, and legally. - Includes current examples, case studies, and legal cases from the frontiers of AR technology. - Learn how AR is changing our world in the areas of civil rights, privacy, litigation, courtroom procedure, addition, pornography, criminal activity, patent, copyright, and free speech. - An invaluable reference guide to the impacts of this cutting-edge technology for anyone who is developing apps for it, using it, or affected by it in daily life.
Law and Reality
Author: C. C. Cornelis Carel Albert Voskuil
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792319696
Category : Law
Languages : en
Pages : 434
Book Description
The contributions in this "Liber Amicorum" deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792319696
Category : Law
Languages : en
Pages : 434
Book Description
The contributions in this "Liber Amicorum" deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.
Preemption Choice
Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
Book Description
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
Book Description
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Aspiration and Reality in Legal Education
Author: David Sandomierski
Publisher: University of Toronto Press
ISBN: 1487505949
Category : Education
Languages : en
Pages : 403
Book Description
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
Publisher: University of Toronto Press
ISBN: 1487505949
Category : Education
Languages : en
Pages : 403
Book Description
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
Research Handbook on the Law of Virtual and Augmented Reality
Author: Woodrow Barfield
Publisher: Edward Elgar Publishing
ISBN: 1786438593
Category : Computers
Languages : en
Pages : 709
Book Description
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.
Publisher: Edward Elgar Publishing
ISBN: 1786438593
Category : Computers
Languages : en
Pages : 709
Book Description
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.
Sustainable Development Law in the UK
Author: Andrea Ross
Publisher: Routledge
ISBN: 1136515844
Category : Business & Economics
Languages : en
Pages : 382
Book Description
Sustainable development is now widely accepted as a political objective in the UK and elsewhere but to what extent has the UK’s rhetoric on sustainable development become a reality? The aim of this book is to critically examine the UK’s approach to promoting and delivering sustainable development. It begins by providing a detailed account of UK law on sustainable development by reviewing the various policy, institutional and legal mechanisms used by the UK since the 1980s and by devolved administrations since devolution took effect in 1999. Progress has been slow, too slow and, according to the scientists, time is running out. To deal with this lack of progress, the book advocates increasing the status of ecological sustainability and sustainable development through the introduction of a wide range of legal mechanisms which would compel the change needed. The book calls for ecological sustainability, or respecting the Earth’s environmental limits, to be afforded the status of legal principle and argues that with ecological sustainability at its normative core, sustainable development could provide an effective framework for decision making and governance. It argues that to support this approach and ensure consistency, the time has come for sustainable development to receive explicit legal backing. Over and above its symbolic and educational value, legislation can impose mandatory rules on policymakers and decision makers, often with meaningful consequences both inside and outside the courtroom. To this end, the book contributes to the theory on sustainable development governance by suggesting three possible legislative approaches for such intervention. The volume concludes that while a lack of leadership on sustainable development may hinder the introduction of these innovations, once introduced, these innovations would equally provide much needed support for effective leadership towards a sustainable future. Andrea Ross is a Reader in the School of Law at the University of Dundee and has taught and researched in the areas of public and environmental law for over 18 years. Before becoming an academic she qualified as a Barrister and Solicitor in Ontario, Canada. An Earthscan from Routledge book.
Publisher: Routledge
ISBN: 1136515844
Category : Business & Economics
Languages : en
Pages : 382
Book Description
Sustainable development is now widely accepted as a political objective in the UK and elsewhere but to what extent has the UK’s rhetoric on sustainable development become a reality? The aim of this book is to critically examine the UK’s approach to promoting and delivering sustainable development. It begins by providing a detailed account of UK law on sustainable development by reviewing the various policy, institutional and legal mechanisms used by the UK since the 1980s and by devolved administrations since devolution took effect in 1999. Progress has been slow, too slow and, according to the scientists, time is running out. To deal with this lack of progress, the book advocates increasing the status of ecological sustainability and sustainable development through the introduction of a wide range of legal mechanisms which would compel the change needed. The book calls for ecological sustainability, or respecting the Earth’s environmental limits, to be afforded the status of legal principle and argues that with ecological sustainability at its normative core, sustainable development could provide an effective framework for decision making and governance. It argues that to support this approach and ensure consistency, the time has come for sustainable development to receive explicit legal backing. Over and above its symbolic and educational value, legislation can impose mandatory rules on policymakers and decision makers, often with meaningful consequences both inside and outside the courtroom. To this end, the book contributes to the theory on sustainable development governance by suggesting three possible legislative approaches for such intervention. The volume concludes that while a lack of leadership on sustainable development may hinder the introduction of these innovations, once introduced, these innovations would equally provide much needed support for effective leadership towards a sustainable future. Andrea Ross is a Reader in the School of Law at the University of Dundee and has taught and researched in the areas of public and environmental law for over 18 years. Before becoming an academic she qualified as a Barrister and Solicitor in Ontario, Canada. An Earthscan from Routledge book.