Allowing For Exceptions

Author : Luís Duarte d'Almeida
Publisher : OUP Oxford
Page : 305 pages
File Size : 51,9 Mb
Release : 2015-03-26
Category : Law
ISBN : 9780191508981

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Allowing for Exceptions by Luís Duarte d'Almeida Pdf

You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.

Author : Luís Duarte d'Almeida
Publisher : Oxford Legal Philosophy
Page : 321 pages
File Size : 53,5 Mb
Release : 2015
Category : Law
ISBN : 9780199685783

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Allowing for Exceptions by Luís Duarte d'Almeida Pdf

Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 49,8 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Author : Luís Duarte d'Almeida
Publisher : Unknown
Page : 291 pages
File Size : 41,5 Mb
Release : 2015
Category : Exceptions
ISBN : 0191765767

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Allowing for Exceptions by Luís Duarte d'Almeida Pdf

Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.

Author : Edmund Bewley
Publisher : BoD – Books on Demand
Page : 622 pages
File Size : 48,9 Mb
Release : 2023-02-01
Category : Fiction
ISBN : 9783382106805

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The Common Law Procedure Acts by Edmund Bewley Pdf

Reprint of the original. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Author : Robert Burrell,Allison Coleman
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,6 Mb
Release : 2005-02-24
Category : Law
ISBN : 9781107320758

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Copyright Exceptions by Robert Burrell,Allison Coleman Pdf

This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.

Author : Robert B. Edgerton
Publisher : Univ of California Press
Page : 340 pages
File Size : 44,6 Mb
Release : 2023-11-10
Category : Political Science
ISBN : 9780520347434

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Rules, Exceptions, and Social Order by Robert B. Edgerton Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.

Author : Lorand Bartels,Federica Paddeu
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 47,9 Mb
Release : 2020-06-18
Category : Law
ISBN : 9780198789321

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Exceptions in International Law by Lorand Bartels,Federica Paddeu Pdf

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

Author : Doug Farrell
Publisher : Simon and Schuster
Page : 294 pages
File Size : 52,6 Mb
Release : 2023-07-18
Category : Computers
ISBN : 9781617297441

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The Well-Grounded Python Developer by Doug Farrell Pdf

The Well-Grounded Python Developer teaches you how to write real software in Python by building on the basic language skills you already have. When you’re new to Python, it can be tough to understand where and how to use its many language features. There’s a dizzying array of libraries, and it’s challenging to fit everything together. The Well-Grounded Python Developer builds on Python skills you’ve learned in isolation and shows you how to unify them into a meaningful whole. The Well-Grounded Python Developer teaches you how to write real software in Python by building on the basic language skills you already have. It helps you see the big picture you can create out of small pieces, introducing concepts like modular construction, APIs, and the design of a basic web server. When you’re finished, you’ll have gone from having a basic understanding of Python's syntax, grammar, and libraries to using them as the tools of a professional software developer. Purchase of the print book includes a free eBook in PDF, Kindle, and ePub formats from Manning Publications.

Author : Horst J. Simon,Heike Wiese
Publisher : Walter de Gruyter
Page : 461 pages
File Size : 46,6 Mb
Release : 2011-03-29
Category : Language Arts & Disciplines
ISBN : 9783110219098

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Expecting the Unexpected: Exceptions in Grammar by Horst J. Simon,Heike Wiese Pdf

Every linguistic theory has to come to grips with a fundamental property of human language: the existence of exceptions, i.e. phenomena that do not follow the standard patterns one observes otherwise. The contributions to this volume discuss and exemplify a variety of approaches to exceptionality within different formal and non-formal frameworks. Topics include criteria for exceptionality, the diachronic rise of exceptions, the relevance of different grammatical subsystems and their interaction in the explanation of exceptions, and the crucial characteristics of grammatical models that can accommodate exceptions. A special feature of the book is that the articles are accompanied by peer-commentaries and responses thereupon, thus opening up the papers to further discussion.

Author : Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi
Publisher : Springer
Page : 602 pages
File Size : 43,9 Mb
Release : 2018-07-03
Category : Law
ISBN : 9783319714196

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Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions by Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi Pdf

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Author : Anonim
Publisher : Unknown
Page : 1058 pages
File Size : 40,8 Mb
Release : 1885
Category : Law reports, digests, etc
ISBN : MINN:31951D022084768

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The Northwestern Reporter by Anonim Pdf

Author : Jia Wang
Publisher : Springer
Page : 257 pages
File Size : 49,8 Mb
Release : 2018-03-01
Category : Law
ISBN : 9783319718316

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Conceptualizing Copyright Exceptions in China and South Africa by Jia Wang Pdf

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Author : Vermont. Supreme Court
Publisher : Unknown
Page : 834 pages
File Size : 44,7 Mb
Release : 1884
Category : Law reports, digests, etc
ISBN : UOM:35112102738764

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Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont by Vermont. Supreme Court Pdf

Author : Tiziana Margaria,Bernhard Steffen
Publisher : Springer
Page : 644 pages
File Size : 52,8 Mb
Release : 2014-09-26
Category : Computers
ISBN : 9783662452318

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Leveraging Applications of Formal Methods, Verification and Validation. Specialized Techniques and Applications by Tiziana Margaria,Bernhard Steffen Pdf

The two-volume set LNCS 8802 and LNCS 8803 constitutes the refereed proceedings of the 6th International Symposium on Leveraging Applications of Formal Methods, Verification and Validation, ISoLA 2014, held in Imperial, Corfu, Greece, in October 2014. The total of 67 full papers was carefully reviewed and selected for inclusion in the proceedings. Featuring a track introduction to each section, the papers are organized in topical sections named: evolving critical systems; rigorous engineering of autonomic ensembles; automata learning; formal methods and analysis in software product line engineering; model-based code generators and compilers; engineering virtualized systems; statistical model checking; risk-based testing; medical cyber-physical systems; scientific workflows; evaluation and reproducibility of program analysis; processes and data integration in the networked healthcare; semantic heterogeneity in the formal development of complex systems. In addition, part I contains a tutorial on automata learning in practice; as well as the preliminary manifesto to the LNCS Transactions on the Foundations for Mastering Change with several position papers. Part II contains information on the industrial track and the doctoral symposium and poster session.