Beyond Law In Context

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Beyond Law in Context

David Nelken
Beyond Law in Context Book PDF

Author : David Nelken
Publisher : Routledge
Page : 542 pages
File Size : 42,9 Mb
Release : 2017-09-08
Category : Law
ISBN : 9781351955607

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Beyond Law in Context by David Nelken Pdf

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

International Criminal Law in Context

Philipp Kastner
International Criminal Law in Context Book PDF

Author : Philipp Kastner
Publisher : Routledge
Page : 346 pages
File Size : 43,7 Mb
Release : 2017-10-20
Category : Law
ISBN : 9781317198994

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International Criminal Law in Context by Philipp Kastner Pdf

International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Rights in Context

Professor Reza Banakar
Rights in Context Book PDF

Author : Professor Reza Banakar
Publisher : Ashgate Publishing, Ltd.
Page : 376 pages
File Size : 40,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497318

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Rights in Context by Professor Reza Banakar Pdf

This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.

Transnational Law

Michael W. Dowdle
Transnational Law Book PDF

Author : Michael W. Dowdle
Publisher : Cambridge University Press
Page : 745 pages
File Size : 49,7 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781108417853

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Transnational Law by Michael W. Dowdle Pdf

Offers a comprehensive exploration of transnational law and advances a framework for investigating transnational regulatory institutions.

Operating Law in a Global Context

Jean-Sylvestre Bergé,Geneviève Helleringer
Operating Law in a Global Context Book PDF

Author : Jean-Sylvestre Bergé,Geneviève Helleringer
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 51,8 Mb
Release : 2017-06-30
Category : Electronic books
ISBN : 9781785367335

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Operating Law in a Global Context by Jean-Sylvestre Bergé,Geneviève Helleringer Pdf

Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.

Law, Society and Community

Richard Nobles,David Schiff
Law Society and Community Book PDF

Author : Richard Nobles,David Schiff
Publisher : Routledge
Page : 372 pages
File Size : 40,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107293

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Law, Society and Community by Richard Nobles,David Schiff Pdf

This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).

Socio-Legal Approaches to International Economic Law

Amanda Perry-Kessaris
Socio Legal Approaches to International Economic Law Book PDF

Author : Amanda Perry-Kessaris
Publisher : Routledge
Page : 330 pages
File Size : 48,5 Mb
Release : 2013-03-05
Category : Law
ISBN : 9781135121907

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Socio-Legal Approaches to International Economic Law by Amanda Perry-Kessaris Pdf

This collection explores the analytical, empirical and normative components that distinguish socio-legal approaches to international economic law both from each other, and from other approaches. It pays particular attention to the substantive focus (what) of socio-legal approaches, noting that they go beyond the text to consider context and, often, subtext. In the process of identifying the ‘what’ and the ‘how’ (analytical and empirical tools) of their own socio-legal approaches, contributors to this collection reveal why they or anyone else ought to bother--the many reasons ‘why’ it is important, for theory and for practice, to take a social legal approach to international economic law.

General Jurisprudence

William Twining
General Jurisprudence Book PDF

Author : William Twining
Publisher : Cambridge University Press
Page : 519 pages
File Size : 44,9 Mb
Release : 2009-02-12
Category : Law
ISBN : 9781139475389

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General Jurisprudence by William Twining Pdf

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.

Law Alive

Grant Morris
Law Alive Book PDF

Author : Grant Morris
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2015
Category : Law
ISBN : 0195585240

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Law Alive by Grant Morris Pdf

Law Alive: The New Zealand Legal System in Context 3rd edition is an innovative introduction to the New Zealand legal system, adopting a 'law in context' approach that will encourage students to see the law as a living part of the political, social, economic and cultural life of a nation. Covering all key areas of study in a legal system course, this text is written in an engaging style that will spark the attention of students. Law Alive shows how the law works beyond theory in a real-life context. New to this editionUpdates to case law and legislation, including new details on the Supreme court and recent decisionsRevision of the law reform sections and its two examples: Youth Drinking Age has been revised to take into account new changes, and there is an entirely new example on same-sex marriageUpdates to case studiesUpdates in International law chapter to include Russia's 2014 invasion of Ukraine, expiry of Kyoto Protocol, discussion of Kim Dotcom and cybercrimeUpdated end chapter exercises and further reading.

The Oxford Handbook of Comparative Administrative Law

Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
The Oxford Handbook of Comparative Administrative Law Book PDF

Author : Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
Publisher : Oxford University Press, USA
Page : 1169 pages
File Size : 48,9 Mb
Release : 2021-01-17
Category : Law
ISBN : 9780198799986

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The Oxford Handbook of Comparative Administrative Law by Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Pdf

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Competition, Data and Privacy in the Digital Economy

Maria Wasastjerna
Competition Data and Privacy in the Digital Economy Book PDF

Author : Maria Wasastjerna
Publisher : Kluwer Law International B.V.
Page : 416 pages
File Size : 50,7 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403522241

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Competition, Data and Privacy in the Digital Economy by Maria Wasastjerna Pdf

Increasingly, we conduct our lives online, and in doing so, we grant access to our personal information. The crucial feedstock of the world economy thus generated - the commercialization and exploitation of personal data and the intrusion of digital privacy it entails - has built an imposing edifice of market power. As we enter the third decade of the 21st century, this detailed exploration of the interlinkage between competition and data privacy takes a critical look at competition policy to evaluate whether the system in its current form and with the existing approach is capable of tackling the challenges raised by the role of personal data in the shift from an offline to an online economy. Challenging the commonplace assumption that privacy has little or no role and relevance in competition law, the author’s penetrating analysis accomplishes the following and more: provides an in-depth understanding of the intersection of competition and privacy in the data-driven economy; surveys legal policy developments on the role of privacy in competition law; underlines the importance of non-price parameters in competition, such as consumer choice; clearly explains why and how competition law can protect privacy among its policy objectives; and addresses challenges in measuring the intangible harm of digital privacy violation in assessing abuse of market power. Recent case law in Europe and elsewhere, a revealing comparison between relevant European Union (EU) and United States (US) practice, the expanded role of the EU’s Competition Commissioner, and the likely impact of such phenomena as the coronavirus pandemic are all drawn into the book’s remit. In her analysis of the growing privacy dimension in competition policy, the author examines the topic from a broad perspective that includes societal, political, economic, historical and cultural elements. Her insightful multidimensional and value-based review will prove of immeasurable value to practitioners, academics, policymakers and enforcers in its identification of implications for business practice as we go forward.

Copyright Beyond Law

Marta Iljadica
Copyright Beyond Law Book PDF

Author : Marta Iljadica
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 46,9 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781509902019

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Copyright Beyond Law by Marta Iljadica Pdf

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Jurist in Context

William Twining
Jurist in Context Book PDF

Author : William Twining
Publisher : Cambridge University Press
Page : 415 pages
File Size : 44,7 Mb
Release : 2019-02-14
Category : Biography & Autobiography
ISBN : 9781108480970

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Jurist in Context by William Twining Pdf

A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.

Normativity in Legal Sociology

Reza Banakar
Normativity in Legal Sociology Book PDF

Author : Reza Banakar
Publisher : Springer
Page : 299 pages
File Size : 46,9 Mb
Release : 2014-11-17
Category : Law
ISBN : 9783319096506

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Normativity in Legal Sociology by Reza Banakar Pdf

The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

The Moral Imagination and the Legal Life

Dr Maksymilian Del Mar,Professor Zenon Bankowski
The Moral Imagination and the Legal Life Book PDF

Author : Dr Maksymilian Del Mar,Professor Zenon Bankowski
Publisher : Ashgate Publishing, Ltd.
Page : 460 pages
File Size : 54,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781472404473

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The Moral Imagination and the Legal Life by Dr Maksymilian Del Mar,Professor Zenon Bankowski Pdf

What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.