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Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1108190987
Category : Law
Languages : en
Pages : 223
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Book Description
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1108190987
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1351917145
Category : Law
Languages : en
Pages : 348
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Book Description
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.
Author: Emmanuel Jeuland
Publisher: Edward Elgar Publishing
ISBN: 180392490X
Category : Law
Languages : en
Pages : 277
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Book Description
Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Providing a well-rounded analytical investigation into legal relations, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial
Author: Philipp Hujo
Publisher: GRIN Verlag
ISBN: 3640081072
Category : Law
Languages : en
Pages : 12
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Book Description
Essay from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1st (80%), University of Warwick, course: Common Law - (Contracts), language: English, abstract: This essay will firstly provide a presentation of the doctrine of intention to create legal relations. In a second step I will try to verify the statement made by Collins in connection with the courts’ task to find out what the parties’ intentions are. Current developments will be examined.
Author: Roderick Munday
Publisher: Oxford University Press, USA
ISBN: 0199230374
Category : Language Arts & Disciplines
Languages : en
Pages : 409
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Book Description
This new work provides a useful and accessible reminder of the principles of agency law for experienced practitioners, as well as an invaluable guide for students looking for an approachable text on this topic.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Mark Freedland FBA
Publisher: OUP Oxford
ISBN: 0191622117
Category : Law
Languages : en
Pages : 496
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Book Description
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Author: Agnessa O. Inshakova
Publisher: Springer Nature
ISBN: 3030459136
Category : Technology & Engineering
Languages : en
Pages : 626
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Book Description
This proceedings book presents papers from the 18th International Scientific Conference, held in September 2019 at Volgograd State University (Russia). The research findings are largely based on the theoretical assumptions of Oleg Inshakov, renowned for his pioneering work on the theory of economic genetics and the theory of “development nucleus” for economic systems. The papers focus on the impact of the 4th industrial revolution on economic growth, the concept of ecosystems corresponding to the rapid spread of digital technologies, regulatory and legal aspects of the Russian economy digitalization, the development of digital technologies in EAEU and BRICS foreign trade, and the corresponding law enforcement measures. The book is intended for academics and practitioners, as well as anyone interested in the problems of new industrialization and the digital transformation of the economy of business entities, regions, countries and integration unions, and their legal regulation to enhance competitiveness on a national and global scale
Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
ISBN: 3030247058
Category : Law
Languages : en
Pages : 315
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Book Description
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Author: John M. Conley
Publisher: University of Chicago Press
ISBN: 0226114910
Category : Law
Languages : en
Pages : 237
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Book Description
In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.
