The Evolving Psyche Of Law In Europe

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The Evolving Psyche of Law in Europe

Author : Magdalena Smieszek
Publisher : Springer Nature
Page : 275 pages
File Size : 55,8 Mb
Release : 2021-06-04
Category : Law
ISBN : 9783030744137

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The Evolving Psyche of Law in Europe by Magdalena Smieszek Pdf

The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law’s inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.

The Evolution of EU Law

Author : Paul P. Craig,Gráinne De Búrca
Publisher : Unknown
Page : 985 pages
File Size : 48,9 Mb
Release : 2011
Category : Law
ISBN : 9780199592968

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The Evolution of EU Law by Paul P. Craig,Gráinne De Búrca Pdf

The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

The Evolution of Law and the State in Europe

Author : Spyridon Flogaitis
Publisher : Bloomsbury Publishing
Page : 135 pages
File Size : 52,8 Mb
Release : 2014-11-06
Category : Law
ISBN : 9781782255277

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The Evolution of Law and the State in Europe by Spyridon Flogaitis Pdf

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

The Evolution of EU Law

Author : Paul Craig,Gráinne de Búrca
Publisher : OUP Oxford
Page : 984 pages
File Size : 52,6 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780191018923

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The Evolution of EU Law by Paul Craig,Gráinne de Búrca Pdf

The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

The Mimetic Evolution of the Court of Justice of the EU

Author : Leonardo Pierdominici
Publisher : Springer Nature
Page : 418 pages
File Size : 48,5 Mb
Release : 2020-07-02
Category : Political Science
ISBN : 9783030478643

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The Mimetic Evolution of the Court of Justice of the EU by Leonardo Pierdominici Pdf

This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.

The Evolving Nature of EU External Relations Law

Author : W.Th. Douma,C. Eckes,P. Van Elsuwege,E. Kassoti,A. Ott,R.A. Wessel
Publisher : T.M.C. Asser Press
Page : 378 pages
File Size : 49,7 Mb
Release : 2021-02-03
Category : Law
ISBN : 9462654220

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The Evolving Nature of EU External Relations Law by W.Th. Douma,C. Eckes,P. Van Elsuwege,E. Kassoti,A. Ott,R.A. Wessel Pdf

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU’s external relations. In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law. Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal – Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.

The History of Law in Europe

Author : Bart Wauters,Marco de Benito
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 47,9 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786430762

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The History of Law in Europe by Bart Wauters,Marco de Benito Pdf

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Psychology and Law

Author : Andreas Kapardis
Publisher : Cambridge University Press
Page : 444 pages
File Size : 41,5 Mb
Release : 2003
Category : Law
ISBN : 0521531616

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Psychology and Law by Andreas Kapardis Pdf

This book is the authoritative work for students and professionals in psychology and law.

The Passivity of Law

Author : Luigi Corrias
Publisher : Springer Science & Business Media
Page : 171 pages
File Size : 50,9 Mb
Release : 2011-04-14
Category : Philosophy
ISBN : 9789400710344

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The Passivity of Law by Luigi Corrias Pdf

At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

Building the European Union

Author : Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 47,9 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781509930869

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Building the European Union by Koen Lenaerts,Nuno Piçarra,Carla Farinhas,Alessandro Marciano,Frédérique Rolin Pdf

This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.

Europe’s Justice Deficit?

Author : Dimitry Kochenov,Gráinne de Búrca,Andrew Williams
Publisher : Bloomsbury Publishing
Page : 468 pages
File Size : 42,7 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782254829

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Europe’s Justice Deficit? by Dimitry Kochenov,Gráinne de Búrca,Andrew Williams Pdf

The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

Psychology and Law in a Changing World

Author : Giovanni Battista Traverso,Lara Bagnoli
Publisher : Psychology Press
Page : 300 pages
File Size : 46,9 Mb
Release : 2001
Category : Law
ISBN : 9780415271431

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Psychology and Law in a Changing World by Giovanni Battista Traverso,Lara Bagnoli Pdf

Examines the link between criminal psychology and the practice of law.

The Roots of Modern Psychology and Law

Author : Thomas Grisso,Stanley L. Brodsky
Publisher : Oxford University Press
Page : 257 pages
File Size : 50,7 Mb
Release : 2018
Category : Law
ISBN : 9780190688707

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The Roots of Modern Psychology and Law by Thomas Grisso,Stanley L. Brodsky Pdf

"The Roots of Modern Psychology and Law: A Narrative History reveals how the field of psychology and law developed during the first decade following the founding of the American Psychology-Law Society"--

The Handbook of Evolutionary Psychology, Volume 2

Author : David M. Buss
Publisher : John Wiley & Sons
Page : 640 pages
File Size : 41,9 Mb
Release : 2015-10-26
Category : Psychology
ISBN : 9781118755808

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The Handbook of Evolutionary Psychology, Volume 2 by David M. Buss Pdf

A complete exploration of the real-world applications and implications of evolutionary psychology The exciting and sometimes controversial science of evolutionary psychology is becoming increasingly relevant to more fields of study than ever before. The Handbook of Evolutionary Psychology, Volume 2, Integrations provides students and researchers with new insight into how EP draws from, and is applied in, fields as diverse as economics, anthropology, neuroscience, genetics, and political science, among others. In this thorough revision and expansion of the groundbreaking handbook, luminaries in the field provide an in-depth exploration of the foundations of evolutionary psychology as they relate to public policy, consumer behavior, organizational leadership, and legal issues. Evolutionary psychology seeks to explain the reasons behind friendship, leadership, warfare, morality, religion, and culture — in short, what it means to be human. This enlightening text provides a foundational knowledgebase in EP, along with expert insights and the most up-to-date coverage of recent theories and findings. Explore the vast and expanding applications of evolutionary psychology Discover the psychology of human survival, mating parenting, cooperation and conflict, culture, and more Identify how evolutionary psychology is interwoven with other academic subjects and traditional psychological disciplines Discuss future applications of the conceptual tools of evolutionary psychology As the established standard in the field, The Handbook of Evolutionary Psychology, Volume 2 is the definitive guide for every psychologist and student to understand the latest and most exciting applications of evolutionary psychology.

Criminal Psychology and the Criminal Justice System in India and Beyond

Author : Sanjeev P. Sahni,Poulomi Bhadra
Publisher : Springer Nature
Page : 271 pages
File Size : 42,7 Mb
Release : 2021-10-01
Category : Social Science
ISBN : 9789811645709

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Criminal Psychology and the Criminal Justice System in India and Beyond by Sanjeev P. Sahni,Poulomi Bhadra Pdf

This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process—investigation, prosecution, incarceration, rehabilitation—to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.