The Daunting Enterprise Of The Law

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Daunting Enterprise of the Law

Simon Archer,Daniel Drache,Peer Zumbansen
Daunting Enterprise of the Law Book PDF

Author : Simon Archer,Daniel Drache,Peer Zumbansen
Publisher : McGill-Queen's Press - MQUP
Page : 386 pages
File Size : 52,9 Mb
Release : 2017-02-24
Category : Law
ISBN : 9780773548916

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Daunting Enterprise of the Law by Simon Archer,Daniel Drache,Peer Zumbansen Pdf

Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of Canada’s most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.

The Daunting Enterprise of the Law

Simon Archer,Daniel Drache,Peer Zumbansen
The Daunting Enterprise of the Law Book PDF

Author : Simon Archer,Daniel Drache,Peer Zumbansen
Publisher : McGill-Queen's Press - MQUP
Page : 401 pages
File Size : 45,5 Mb
Release : 2017
Category : Industrial relations
ISBN : 9780773548893

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The Daunting Enterprise of the Law by Simon Archer,Daniel Drache,Peer Zumbansen Pdf

Reconsidering the law through the work of a pre-eminent scholar.

The Enterprise of Law

Bruce L. Benson
The Enterprise of Law Book PDF

Author : Bruce L. Benson
Publisher : Independent Institute
Page : 384 pages
File Size : 54,6 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781598130690

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The Enterprise of Law by Bruce L. Benson Pdf

In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

A History of Law in Canada, Vol. 1

Philip Girard,Jim Phillips,R. Blake Brown
A History of Law in Canada Vol 1 Book PDF

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 52,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Connecting the Dots

Harry W. Arthurs
Connecting the Dots Book PDF

Author : Harry W. Arthurs
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 51,7 Mb
Release : 2019-05-23
Category : Biography & Autobiography
ISBN : 9780773557574

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Connecting the Dots by Harry W. Arthurs Pdf

Harry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.

Tracings of Gerald Le Dain's Life in the Law

G. Blaine Baker,Richard Janda
Tracings of Gerald Le Dain s Life in the Law Book PDF

Author : G. Blaine Baker,Richard Janda
Publisher : McGill-Queen's Press - MQUP
Page : 452 pages
File Size : 44,5 Mb
Release : 2019-05-30
Category : Biography & Autobiography
ISBN : 9780773556195

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Tracings of Gerald Le Dain's Life in the Law by G. Blaine Baker,Richard Janda Pdf

Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.

The Oxford Handbook of International Law and Development

Anonim
The Oxford Handbook of International Law and Development Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 865 pages
File Size : 49,7 Mb
Release : 2023-11-23
Category : Law
ISBN : 9780192692993

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The Oxford Handbook of International Law and Development by Anonim Pdf

Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.

Jurist in Context

William Twining
Jurist in Context Book PDF

Author : William Twining
Publisher : Cambridge University Press
Page : 415 pages
File Size : 47,8 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.

Crimes Against Humanity

Nergis Canefe
Crimes Against Humanity Book PDF

Author : Nergis Canefe
Publisher : University of Wales Press
Page : 338 pages
File Size : 42,8 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781786837035

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Crimes Against Humanity by Nergis Canefe Pdf

This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.

Everyday Transgressions

Adelle Blackett
Everyday Transgressions Book PDF

Author : Adelle Blackett
Publisher : ILR Press
Page : 302 pages
File Size : 48,7 Mb
Release : 2019-04-15
Category : Law
ISBN : 9781501715778

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Everyday Transgressions by Adelle Blackett Pdf

Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.

Investment Law's Alibis

David Schneiderman
Investment Law s Alibis Book PDF

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 257 pages
File Size : 53,6 Mb
Release : 2022-08-04
Category : Law
ISBN : 9781009182720

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Investment Law's Alibis by David Schneiderman Pdf

This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them – something more than mere pretext.

Re-Imagining Labour Law for Development

Diamond Ashiagbor
Re Imagining Labour Law for Development Book PDF

Author : Diamond Ashiagbor
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 54,7 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509913121

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Re-Imagining Labour Law for Development by Diamond Ashiagbor Pdf

The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.

Social Enterprise Law

Dana Brakman Reiser,Steven A. Dean
Social Enterprise Law Book PDF

Author : Dana Brakman Reiser,Steven A. Dean
Publisher : Oxford University Press
Page : 208 pages
File Size : 40,7 Mb
Release : 2017-09-05
Category : Law
ISBN : 9780190249809

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Social Enterprise Law by Dana Brakman Reiser,Steven A. Dean Pdf

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

Labour Law and Social Progress

Roger Blanpain,Frank Hendrickx
Labour Law and Social Progress Book PDF

Author : Roger Blanpain,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 346 pages
File Size : 50,6 Mb
Release : 2016-04-22
Category : Law
ISBN : 9789041167484

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Labour Law and Social Progress by Roger Blanpain,Frank Hendrickx Pdf

For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.

The Nigerian Legal System

Charles Mwalimu
The Nigerian Legal System Book PDF

Author : Charles Mwalimu
Publisher : Peter Lang Publishing
Page : 1118 pages
File Size : 51,8 Mb
Release : 2005
Category : Foreign Language Study
ISBN : 0820478555

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The Nigerian Legal System by Charles Mwalimu Pdf

Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.