Author: David Carter
Publisher: Victoria University Press
ISBN: 9780864734488
Category : Law
Languages : en
Pages : 698
Book Description
Contains papers presented at a conference entitled "Roles and perspectives in the law" held in April 2002 at Victoria University of Wellington Law School honouring Sir Ivor Richardson upon his retirement as President of the Court of Appeal. Covers eight distinct and contrasting areas of law, the juxtaposition of which illustrates the underlying principles, tensions, and values that run through the law. Includes sections on taxes and commercial regulation.
Roles and Perspectives in the Law
Consequential Courts
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Global Perspectives on the Rule of Law
Author: James J. Heckman
Publisher: Routledge
ISBN: 1135202664
Category : Law
Languages : en
Pages : 507
Book Description
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Publisher: Routledge
ISBN: 1135202664
Category : Law
Languages : en
Pages : 507
Book Description
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.
Corporate Social and Human Rights Responsibilities
Author: K. Buhmann
Publisher: Springer
ISBN: 0230294618
Category : Business & Economics
Languages : en
Pages : 304
Book Description
This book challenges the separation between CSR and law. It also demonstrates that BRHR may be gradually separating from CSR through emphasis on state obligations. Authors from around the world discuss how businesses engage in CSR and human rights, and how governments and intergovernmental organisations may support business in taking responsibility
Publisher: Springer
ISBN: 0230294618
Category : Business & Economics
Languages : en
Pages : 304
Book Description
This book challenges the separation between CSR and law. It also demonstrates that BRHR may be gradually separating from CSR through emphasis on state obligations. Authors from around the world discuss how businesses engage in CSR and human rights, and how governments and intergovernmental organisations may support business in taking responsibility
The Role of Lawyers in Access to Justice
Author: Helena Whalen-Bridge
Publisher: Cambridge University Press
ISBN: 100905077X
Category : Law
Languages : en
Pages : 391
Book Description
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
Publisher: Cambridge University Press
ISBN: 100905077X
Category : Law
Languages : en
Pages : 391
Book Description
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
Courts, Law, and Politics in Comparative Perspective
Author: Herbert Jacob
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420
Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420
Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Participants in the International Legal System
Author: Jean d'Aspremont
Publisher: Taylor & Francis
ISBN: 1136724931
Category : Law
Languages : en
Pages : 496
Book Description
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
Publisher: Taylor & Francis
ISBN: 1136724931
Category : Law
Languages : en
Pages : 496
Book Description
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
Legal Perspectives on Bridging Science and Policy
Author: Mara Tignino
Publisher: Routledge
ISBN: 1000730417
Category : Nature
Languages : en
Pages : 179
Book Description
Legal Perspectives on Bridging Science and Policy deals with the interaction of science and policy from a legal perspective. Expert contributors outline the role of law in water management and suggest solutions to make laws flexible and adaptive to changes in scientific knowledge and environmental, social and economic conditions. Each chapter addresses the topic with a different focus and offers an in-depth analysis of legal challenges related to the creation of interdisciplinary bridges, clarifying how science may be assimilated into decision-making processes and can thereby contribute to build evidence-based policies. Legal Perspectives on Bridging Science and Policy will be of great interest to scholars of water law, water governance and environmental law. This book was originally published in the journal Water International, as a special issue prepared by the International Association for Water Law (known as AIDA from its Spanish acronym https://www.aida-waterlaw.org), gathering selected papers dealing with law and governance from the XVI World Water Congress of the International Water Resources Association (IWRA) (2017).
Publisher: Routledge
ISBN: 1000730417
Category : Nature
Languages : en
Pages : 179
Book Description
Legal Perspectives on Bridging Science and Policy deals with the interaction of science and policy from a legal perspective. Expert contributors outline the role of law in water management and suggest solutions to make laws flexible and adaptive to changes in scientific knowledge and environmental, social and economic conditions. Each chapter addresses the topic with a different focus and offers an in-depth analysis of legal challenges related to the creation of interdisciplinary bridges, clarifying how science may be assimilated into decision-making processes and can thereby contribute to build evidence-based policies. Legal Perspectives on Bridging Science and Policy will be of great interest to scholars of water law, water governance and environmental law. This book was originally published in the journal Water International, as a special issue prepared by the International Association for Water Law (known as AIDA from its Spanish acronym https://www.aida-waterlaw.org), gathering selected papers dealing with law and governance from the XVI World Water Congress of the International Water Resources Association (IWRA) (2017).
Personalized Law
Author: Omri Ben-Shahar
Publisher: Oxford University Press
ISBN: 0197522831
Category : Law
Languages : en
Pages : 257
Book Description
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Publisher: Oxford University Press
ISBN: 0197522831
Category : Law
Languages : en
Pages : 257
Book Description
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Interdisciplinary Perspectives on International Law and International Relations
Author: Jeffrey L. Dunoff
Publisher: Cambridge University Press
ISBN: 1107020743
Category : Law
Languages : en
Pages : 697
Book Description
Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
Publisher: Cambridge University Press
ISBN: 1107020743
Category : Law
Languages : en
Pages : 697
Book Description
Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.