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Author:
Publisher: Giuffrè Editore
ISBN: 8814135126
Category : Law
Languages : it
Pages : 4371
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Book Description
Author:
Publisher: Giuffrè Editore
ISBN: 8814135126
Category : Law
Languages : it
Pages : 4371
Get Book Here
Book Description
Author: Maciej Domański
Publisher: Taylor & Francis
ISBN: 1003802907
Category : Law
Languages : en
Pages : 839
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Book Description
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
Author: Paul J du Plessis
Publisher: Edinburgh University Press
ISBN: 0748668195
Category : Law
Languages : en
Pages : 257
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Book Description
An interdisciplinary, edited collection on social science methodologies for approaching Roman legal sources. Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are i
Author: Massimo Monteduro
Publisher: Springer
ISBN: 3662466171
Category : Law
Languages : en
Pages : 502
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Book Description
This book represents a first attempt to investigate the relations between Law and Agroecology. There is a need to adopt a transdisciplinary approach to multifunctional agriculture in order to integrate the agroecological paradigm in legal regulation. This does not require a super-law that hierarchically purports to incorporate and supplant the existing legal fields; rather, it calls for the creation of a trans-law that progressively works to coordinate interlegalities between different legal fields, respecting their autonomy but emphasizing their common historical roots in rus in the process. Rus, the rural phenomenon as a whole, reflects the plurality and interdependence of different complex systems based jointly on the land as a central point of reference. “Rural” is more than “agricultural”: if agriculture is understood traditionally as an activity aimed at exploiting the land for the production of material goods for use, consumption and private exchange, rurality marks the reintegration of agriculture into a broader sphere, one that is not only economic, but also social and cultural; not only material, but also ideal, relational, historical, and symbolic; and not only private, but also public. In approaching rus, the natural and social sciences first became specialized, multiplied, and compartmentalized in a plurality of first-order disciplines; later, they began a process of integration into Agroecology as a second-order, multi-perspective and shared research platform. Today, Agroecology is a transdiscipline that integrates other fields of knowledge into the concept of agroecosystems viewed as socio-ecological systems. However, the law seems to still be stuck in the first stage. Following a reductionist approach, law has deconstructed and shattered the universe of rus into countless, disjointed legal elementary particles, multiplying the planes of analysis and, in particular, keeping Agricultural Law and Environmental Law two separate fields.
Author: Ana de Francisco Heredero
Publisher: Cambridge Scholars Publishing
ISBN: 1443869473
Category : History
Languages : en
Pages : 485
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Book Description
The present volume presents some of the latest research trends in the study of Late Antiquity in the Eastern Roman Empire from a multi-disciplinary perspective, encompassing not only social, economic and political history, but also philology, philosophy and legal history. The volume focuses on the interaction between the periphery and the core of the Eastern Empire, and the relations between Eastern Romans and Barbarians in various geographic areas, during the approximate millennium that elapsed between the Fall of Rome and the Fall of Constantinople, paying special attention to the earliest period. By introducing the reader to some innovative and ground-breaking recent theories, the contributors to the present volume, an attractive combination of leading scholars in their respective fields and promising young researchers, offer a fresh and thought-provoking examination of Byzantium during Late Antiquity and beyond.
Author: Paul Du Plessis
Publisher: BRILL
ISBN: 9004219595
Category : Law
Languages : en
Pages : 231
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Book Description
Building on the pioneering work undertaken by Fiori (1999) on Roman conceptual thought about letting and hiring, this book fills an important gap in the current scholarly literature.
Author: Aldo Schiavone
Publisher: Routledge
ISBN: 1000469778
Category : History
Languages : en
Pages : 318
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Book Description
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
Author: Kaius Tuori
Publisher: Oxford University Press
ISBN: 0191061891
Category : History
Languages : en
Pages : 497
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Book Description
In the days of the Roman Empire, the emperor was considered not only the ruler of the state, but also its supreme legal authority, fulfilling the multiple roles of supreme court, legislator, and administrator. The Emperor of Law explores how the emperor came to assume the mantle of a judge, beginning with Augustus, the first emperor, and spanning the years leading up to Caracalla and the Severan dynasty. While earlier studies have attempted to explain this change either through legislation or behaviour, this volume undertakes a novel analysis of the gradual expansion and elaboration of the emperor's adjudication and jurisdiction: by analysing the process through historical narratives, it argues that the emergence of imperial adjudication was a discourse that involved not only the emperors, but also petitioners who sought their rulings, lawyers who aided them, the senatorial elite, and the Roman historians and commentators who described it. Stories of emperors settling lawsuits and demonstrating their power through law, including those depicting 'mad' emperors engaging in violent repressions, played an important part in creating a shared conviction that the emperor was indeed the supreme judge alongside the empirical shift in the legal and political dynamic. Imperial adjudication reflected equally the growth of imperial power during the Principate and the centrality of the emperor in public life, and constitutional legitimation was thus created through the examples of previous actions - examples that historical authors did much to shape. Aimed at readers of classics, Roman law, and ancient history, The Emperor of Law offers a fundamental reinterpretation of the much debated problem of the advent of imperial supremacy in law that illuminates the importance of narrative studies to the field of legal history.
Author: Thomas McGinn
Publisher: University of Michigan Press
ISBN: 047202857X
Category : History
Languages : en
Pages : 615
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Book Description
Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Author: Emmanuel Dupraz
Publisher: BRILL
ISBN: 9004216995
Category : Language Arts & Disciplines
Languages : en
Pages : 378
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Book Description
Past research on the Sabellian languages has been devoted mainly to the phonetic and morphological features of these languages as elements for the reconstruction of the prehistoric stages of Latin. The present book aims at analysing the semantic, syntactic, and pragmatic features of a subset of grammatical terms, the demonstratives. It contains a thorough description of their synchronic behaviour, which permits both a comparison to the Latin data with new hypotheses on the epigraphic genres in Republican Italy and a reconstruction of the Italic origins of these terms based on typological principles. Neither the grammar of Sabellian nor the pragmatic scope of the Sabellian inscriptions should be considered a priori identical to their Latin comparanda.
