Author: Frank Fleerackers
Publisher: Duncker & Humblot
ISBN: 9783428490493
Category : Law
Languages : en
Pages : 216
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Book Description
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Author: Hector L. MacQueen
Publisher: BRILL
ISBN: 9004683763
Category : History
Languages : en
Pages : 615
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Book Description
This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
Author: Christopher Berry Grey
Publisher: Routledge
ISBN: 1135582769
Category : Philosophy
Languages : en
Pages : 485
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Book Description
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Author: C. H. Tham
Publisher: Cambridge University Press
ISBN: 1108475280
Category : Law
Languages : en
Pages : 523
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Book Description
Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.
Author: Frank Bae
Publisher: BRILL
ISBN: 9004502416
Category : Law
Languages : en
Pages : 764
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1144
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Book Description
Author: Radboud Winkels
Publisher: IOS Press
ISBN: 1607506815
Category : Computers
Languages : en
Pages : 188
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Book Description
The 23rd edition of the JURIX conference was held in the United Kingdom from the 15th till the 17th of December and was hosted by the University of Liverpool. This year submissions came from 18 countries covering all five continents. These proceedings contain thirteen full and nine short papers that were selected for presentation. As usual they cover a wide range of topics. Many contributions deal with formal or computational models of legal reasoning: reasoning with legal principles, two-phase democratic deliberation, burdens and standards of proof, argumentation with value judgments, and tem.
Author: Leigh Miller
Publisher:
ISBN: 9781988546148
Category : Corporation law
Languages : en
Pages : 864
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Book Description
This publication covers the relevant topics studied in university business courses and would be useful to any student who needs a robust general understanding of New Zealand law relating to contracts, consumers, companies, financial markets and corporate governance. Content for this book is drawn from the bestselling titles Understanding Commercial Law, 9th edition and Understanding Company Law, 4th edition ¿ both new editions which have been updated to take account of recent developments, case law and legislation. The use of plain language throughout ensures that the work is invaluable to students coming to the topic for the first time or who have English as a second language.
Author: Jan M. Broekman
Publisher: Edward Elgar Publishing
ISBN: 178811020X
Category : Law
Languages : en
Pages : 354
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Book Description
Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory.
Author: Jean Allain
Publisher: OUP Oxford
ISBN: 0191645354
Category : Law
Languages : en
Pages : 416
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Book Description
"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
