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This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on ...
The Juridical Act: A Study of the Theoretical Concept of an Act that aims to create new Legal Facts
This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
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146.990000 USD

The Juridical Act: A Study of the Theoretical Concept of an Act that aims to create new Legal Facts

by H. D. S. van der Kaaij
Hardback
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This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus ...
Interpretation without Truth: A Realistic Enquiry
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
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146.990000 USD

Interpretation without Truth: A Realistic Enquiry

by Pierluigi Chiassoni
Hardback
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This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some ...
Conceptions and Misconceptions of Legislation
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of `ways and models of legislation', ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading `legislation in a culture of justification', a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between `legisprudence, lawyers, and citizens'. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
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157.490000 USD

Conceptions and Misconceptions of Legislation

Hardback
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This book critically addresses the still prevalent assumption of the individual's procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual's perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing ...
The Evolving International Procedural Capacity of Individuals
This book critically addresses the still prevalent assumption of the individual's procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual's perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual's role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.
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146.990000 USD

The Evolving International Procedural Capacity of Individuals

by Katrin Fenrich
Hardback
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A highly accessible text. -Lawyers Weekly A User-Friendly Handbook on Understanding Trademarks Trademarks are a crucial part of the American economy. In plain language with scores of real-life examples, this new edition of The Trademark Guide draws on Wilson's experience and addresses issues important to both would-be trademark owners and ...
The Trademark Guide: How You Can Protect and Profit from Trademarks (Third Edition)
A highly accessible text. -Lawyers Weekly A User-Friendly Handbook on Understanding Trademarks Trademarks are a crucial part of the American economy. In plain language with scores of real-life examples, this new edition of The Trademark Guide draws on Wilson's experience and addresses issues important to both would-be trademark owners and those who already own trademarks, including: How to choose a trademark without risking a lawsuit How trademark rights are gained and perfected How to use a trademark properly What constitutes trademark infringement What to do if your trademark is infringed How trademark law applies to new media And much more Completely updated to reflect recent court decisions and changes in the law, this edition features an Internet trademark resources list and expanded information on trademarks in the digital world. Packed with examples, FAQs, and a glossary, The Trademark Guide, Third Edition, will become the go-to for anyone with questions about the complexities of trademark law.
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20.990000 USD

The Trademark Guide: How You Can Protect and Profit from Trademarks (Third Edition)

by Lee Wilson
Paperback / softback
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Recommended. -Library Journal Coming up with a million-dollar idea is only the first step in what might seem like a long and difficult process. In The Patent Guide, Second Edition, experienced patent attorneys Carl W. Battle and Andrea D. Small deliver basic and comprehensive advice that is easy to understand ...
The Patent Guide: How You Can Protect and Profit from Patents (Second Edition)
Recommended. -Library Journal Coming up with a million-dollar idea is only the first step in what might seem like a long and difficult process. In The Patent Guide, Second Edition, experienced patent attorneys Carl W. Battle and Andrea D. Small deliver basic and comprehensive advice that is easy to understand and will allow you to protect, promote, and profit from your ideas. Chapters discuss such topics as: How to commercialize your invention Where to find sources of information and assistance What guidelines you should follow when obtaining a patent How to obtain foreign patent rights How to maintain confidentiality of your ideas When to use patent attorneys and agents How to deal with invention brokers and promotion firms How to enforce your patent against infringement Fully updated and revised, this new edition includes information on inventor notebooks and records, updates to the patent filing process in the United States and abroad, the latest USPTO forms and templates, and changes to electronic filing and submission procedures. With easy-to-use forms and step-by-step instructions, The Patent Guide is an indispensable tool to help minimize costs and maximize profits of your ideas and inventions.
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20.990000 USD

The Patent Guide: How You Can Protect and Profit from Patents (Second Edition)

by Andrea D Small, Carl W Battle
Paperback / softback
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This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession ...
Succession Law, Practice and Society in Europe across the Centuries
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father's permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women's inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana's jurisprudence.
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240.450000 USD

Succession Law, Practice and Society in Europe across the Centuries

Paperback / softback
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A definitive resource. -Midwest Book Review A Clear, Friendly Reference for Using, Protecting, and Profiting from Copyright Copyright may seem like a mystery, but it is actually quite easy to understand-as Lee Wilson demonstrates in The Copyright Guide, Fourth Edition. This resource explains everything you need to know to make ...
The Copyright Guide: How You Can Protect and Profit from Copyrights (Fourth Edition)
A definitive resource. -Midwest Book Review A Clear, Friendly Reference for Using, Protecting, and Profiting from Copyright Copyright may seem like a mystery, but it is actually quite easy to understand-as Lee Wilson demonstrates in The Copyright Guide, Fourth Edition. This resource explains everything you need to know to make copyright work for you, including how to license your copyrights, how to acquire the right to use the works of others, what copyright infringement is, how to protect your works from infringement, and how to avoid infringing on the works of others. This is a must-read for anyone who creates or uses copyright-which, due to the explosion of information technology, is just about everyone! In plain language with scores of real-life examples, this newly updated edition addresses important issues in copyright, including: How to secure copyright protection without a lawyer What constitutes copyright infringement How copyright law applies to new media When parody is really infringement How to handle copyright trolls With informative tips and easy-to-use forms, The Copyright Guide will save you legal fees, make sure you avoid infringing on the works of others, and help you protect and profit from what you create.
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20.990000 USD

The Copyright Guide: How You Can Protect and Profit from Copyrights (Fourth Edition)

by Lee Wilson
Paperback / softback
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This book is based on the assumption that the world is governed by a widespread field of interconnected laws. In this field man-made laws - legal laws - have to coexist with the laws of nature, the laws of science and the laws of logic. They have to find their ...
Law and Life. Why Law?
This book is based on the assumption that the world is governed by a widespread field of interconnected laws. In this field man-made laws - legal laws - have to coexist with the laws of nature, the laws of science and the laws of logic. They have to find their place in relation to a certain society. They have to relate to the demands of morality, ethics, custom and trust. They have to follow the laws of language. They have to deal with a variety of professional and esthetic rules. They have to defend their position between art and craft. Finally, and significantly, they have to cope with a host of different ideas about truth. This book approaches law as a human construct meant to strengthen society as it develops through the ages. Knowledge of the law - legal knowledge - is of doubtful value if it ignores the demands and ideals of society. The same goes for the thinking leading to legal knowledge. This book focuses on a basic concept. That concept is met if the legal thinking, leading to legal knowledge, reaches the level of an independent, law and society oriented, contemplative discipline. A discipline which is in that sense and to that extent in touch with - cherished or less cherished - parts of given law.
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125.990000 USD

Law and Life. Why Law?

by Peter van Schilfgaarde
Hardback
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This monograph presents new ideas in nomic truth approximation. It features original and revised papers from a (formal) philosopher of science who has studied the concept for more than 35 years. Over the course of time, the author's initial ideas evolved. He discovered a way to generalize his first theory ...
Nomic Truth Approximation Revisited
This monograph presents new ideas in nomic truth approximation. It features original and revised papers from a (formal) philosopher of science who has studied the concept for more than 35 years. Over the course of time, the author's initial ideas evolved. He discovered a way to generalize his first theory of nomic truth approximation, viz. by dropping an unnecessarily strong assumption. In particular, he first believed to have to assume that theories were maximally specific in the sense that they did not only exclude certain conceptual possibilities, but also that all non-excluded possibilities were in fact claimed to be nomically possible. Now, he argues that the exclusion claim alone, or for that matter the inclusion claim alone, is sufficient to motivate the formal definition of being closer to the nomic truth. The papers collected here detail this generalized view of nomic truthlikeness or verisimilitude. Besides this, the book presents, in adapted form, the relation with several other topics, such as, domain revision, aesthetic progress, abduction, inference to the best explanation, pragmatic aspects, probabilistic methods, belief revision and epistemological positions, notably constructive realism. Overall, the volume presents profound insight into nomic truth approximation. This idea seeks to determine how one theory can be closer to, or more similar to, the truth about what is nomically, e.g. physically, chemically, biologically, possible than another theory. As a result, it represents the ultimate goal of theory oriented empirical science. Theo Kuipers is the author of Studies in Inductive Probability and Rational Expectation (1978), From Instrumentalism to Constructive Realism (2000) and Structures in Science (2001). He is the volume-editor of the Handbook on General Philosophy of Science (2007). In 2005 there appeared two volumes of Essays in Debate with Theo Kuipers, entitled Confirmation, Empirical Progress, and Truth Approximation and Cognitive Structures in Scientific Inquiry.
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115.490000 USD

Nomic Truth Approximation Revisited

by Theo A. F. Kuipers
Hardback
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This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to ...
The Plurality Trilemma: A Geometry of Global Legal Thought
This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.
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135.450000 USD

The Plurality Trilemma: A Geometry of Global Legal Thought

by David Roth-Isigkeit
Paperback / softback
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This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial ...
The International Element, Statehood and Democratic Nation-building: Exploring the Role of the EU and International Community in Kosovo's State-formation and State-building
This book represents a unique endeavor to elucidate the story of Kosovo's unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo's right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo's state-formation and state-building processes. It explains how the EU's involvement as an `internationally blended element' in Kosovo's efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
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146.990000 USD

The International Element, Statehood and Democratic Nation-building: Exploring the Role of the EU and International Community in Kosovo's State-formation and State-building

by Dren Doli
Hardback
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This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its ...
The Art of Judicial Reasoning: Festschrift in Honour of Carl Baudenbacher
This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)
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157.490000 USD

The Art of Judicial Reasoning: Festschrift in Honour of Carl Baudenbacher

Hardback
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There is a broad consensus amongst law firms and in-house legal departments that next generation Legal Tech - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the ...
Legal Tech, Smart Contracts and Blockchain
There is a broad consensus amongst law firms and in-house legal departments that next generation Legal Tech - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory gap. Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
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167.990000 USD

Legal Tech, Smart Contracts and Blockchain

Hardback
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This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law ...
The Chinese Road of the Rule of Law
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author's strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
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187.950000 USD

The Chinese Road of the Rule of Law

by Lin Li
Paperback / softback
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In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal ...
Societal Agents in Law: Quantitative Research
In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.
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104.990000 USD

Societal Agents in Law: Quantitative Research

by Larry D. Barnett
Hardback
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This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, ...
Normative Readings of the Belt and Road Initiative: Road to New Paradigms
This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs. Focusing on various aspects of the Silk Road Initiative, particularly those that are largely neglected in current discussions, including culture and philosophy, finance and investment, environmental protection and social responsibility, judiciary and lawyers, the authors explore a wide range of contexts in which China's role as an emerging power in international relations and international law is examined. In the current era of ever-increasing populism, protectionism and challenges to globalization, the authors explore the Chinese philosophy underpinning Chinese norms of regional and international development. Bearing in mind the political and economic uncertainties hampering the establishment of such norms, the authors offer crucial insights into how the Silk Road Initiative could or should be developed and regulated.Given its depth of coverage, the book is an indispensable read for anyone interested in the Initiative and its social-legal implications.
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135.450000 USD

Normative Readings of the Belt and Road Initiative: Road to New Paradigms

Paperback / softback
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This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law ...
Russian Legal Realism
This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought - as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrazycki's psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.
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146.990000 USD

Russian Legal Realism

Hardback
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This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second ...
EU Criminal Justice: Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor's Office, whose European judicial nature still coexists with strong national components.
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146.990000 USD

EU Criminal Justice: Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's Office

Hardback
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For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated ...
Legal Education at the Crossroads: Education and the Legal Profession
For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.
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52.450000 USD

Legal Education at the Crossroads: Education and the Legal Profession

Paperback / softback
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The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become ...
Legal Conventionalism
The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
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146.990000 USD

Legal Conventionalism

Hardback
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This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded ...
Boko Haram and International Law
This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other `subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as gender-based crimes . It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.
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240.450000 USD

Boko Haram and International Law

Paperback / softback
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This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He's first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, ...
Methodology of Judicial Proof and Presumption
This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He's first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.
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135.450000 USD

Methodology of Judicial Proof and Presumption

by Jiahong He
Paperback / softback
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In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal ...
Societal Agents in Law: A Macrosociological Approach
In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.
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89.240000 USD

Societal Agents in Law: A Macrosociological Approach

by Larry D. Barnett
Hardback
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Law School Notes: Study Notebook w/Cornell Style Notetaking, Weekly Reading Schedule, Assignments, and Case Study Briefing 16 Week Full Semester for Law Students
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8.390000 USD

Law School Notes: Study Notebook w/Cornell Style Notetaking, Weekly Reading Schedule, Assignments, and Case Study Briefing 16 Week Full Semester for Law Students

by Arlington Views Press
Paperback / softback
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California Cannabis Laws and Regulations: 2019 Edition
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63.000000 USD

California Cannabis Laws and Regulations: 2019 Edition

by Omar Figueroa
Hardback
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U.S. Immigration Made Easy
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47.240000 USD

U.S. Immigration Made Easy

by Ilona Bray
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This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting `self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for ...
Patterns of Treaty Interpretation as Anti-Fragmentation Tools: A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting `self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.
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188.990000 USD

Patterns of Treaty Interpretation as Anti-Fragmentation Tools: A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ

by Liliana E. Popa
Paperback / softback
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The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative ...
Historic Achievement of a Common Standard: Pengchun Chang and the Universal Declaration of Human Rights
The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative methods, and documentary research and so on. The research findings can be described briefly as follows: Chinese wisdom has played an important role in achieving a common standard for the establishment of the international human rights system, which can be seen by exploring P. C. Chang's contributions to the drafting of the UDHR. The target readers are global scholars and students in law, politics, philosophy, international relations, human rights law, legal history, religion and culture. This book will enable these potential readers to have a vivid picture of the Chinese contributions to the international human rights regime and to have a better understanding of the significance of the traditional Chinese culture and P. C. Chang's human rights philosophy of pluralism.
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187.950000 USD

Historic Achievement of a Common Standard: Pengchun Chang and the Universal Declaration of Human Rights

by Pinghua Sun
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Original Illustrations of English Constitutional History (Classic Reprint)
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17.400000 USD

Original Illustrations of English Constitutional History (Classic Reprint)

by D. J. Medley
Paperback / softback
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