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Author: Thomas Wilhelmsson
Publisher: Bloomsbury Publishing
ISBN: 1509977260
Category : Law
Languages : en
Pages : 366
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Book Description
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author: Thomas Wilhelmsson
Publisher: Bloomsbury Publishing
ISBN: 1509977260
Category : Law
Languages : en
Pages : 366
Get Book Here
Book Description
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Author: W.E. Volkomer
Publisher: Springer Science & Business Media
ISBN: 9401164290
Category : History
Languages : en
Pages : 319
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Book Description
Jerome Frank was one of the most important spokesmen for the generation of liberal intellectuals who came to maturity during the period of Franklin Roosevelt's New Deal. He was never a major figure in public life and thus never became a symbol of the period as did President Roosevelt, Henry Wallace, Harry Hopkins, or others whose positions made their views acces sible to the entire reading and listening public. While these men represented the popular view of the New Deal with its dedication to the elimination of the economic misery which beset the nation during the nineteen thirties, Frank may be the New Deal figure who most accurately summarized the intellectual currents of the period. As is the case with all thinkers, most of the ideas Frank presented in his books, articles, speeches, and in actual practice in governmental service were drawn from the works of other men. He brought together many diverse strains of thought, contributed some of his own ideas, and wove these to gether into a pattern which typifies the intellectual atmosphere that was the New Deal.
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: Roger BERKOWITZ
Publisher: Harvard University Press
ISBN: 0674020790
Category : Law
Languages : en
Pages : 235
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Book Description
Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
Author: Francis Wharton
Publisher:
ISBN:
Category : Insanity (Law)
Languages : en
Pages : 1220
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Book Description
Author: Augustus Ravogli
Publisher:
ISBN:
Category : Sociology
Languages : en
Pages : 580
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Book Description
Author: Sir William Searle Holdsworth
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 220
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Book Description
Author: Alfred Fouillée
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 662
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Book Description
Author: Lisa Keen
Publisher: Beacon Press
ISBN: 9780807079669
Category : Social Science
Languages : en
Pages : 188
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Book Description
The enormous advances of the civil rights movement have made it easier for LGBT youth to be "out," yet their increased visibility has led to myriad legal issues involving such critical matters as freedom of expression, sexual harassment, self-chosen medical care, and even their right to privacy within their own families. In this accessible guide, Lisa Keen illustrates how some laws limit the rights of LGBT youth and others protect them. Out Law lays out the basics about federal, state, and local laws that frequently impact LGBT youth and explains how legal authority and responsibility is often vested in local officials, such as school principals. Keen explains how laws treating LGBT people differently came to exist, evolved over time, and are subject to significant changes even today. Out Law discusses the shifting legal terrain for such issues as when schools can censor messages on T-shirts or library computer research into LGBT-related Web sites. It gives youth tips on how to document efforts to curb their rights and where to turn for help in protecting those rights.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 564
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Book Description
