Your email was sent successfully. Check your inbox.

An error occurred while sending the email. Please try again.

Proceed reservation?

Export
Filter
  • Online Resource  (18)
  • English  (18)
  • Dordrecht : Springer Netherlands  (18)
  • Law  (18)
  • Law  (18)
  • Engineering
Datasource
Material
  • Online Resource  (18)
Language
  • English  (18)
Years
Subjects(RVK)
  • 1
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401774710
    Language: English
    Pages: Online-Ressource (IX, 197 p. 1 illus. in color, online resource)
    Edition: 1st ed. 2016
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 51
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Limitations of national sovereignty through European integration
    RVK:
    RVK:
    RVK:
    Keywords: International law ; Law ; Constitutional law ; Public international law ; Law—Europe. ; Law ; Constitutional law ; Public international law ; International law ; Self-determination, National European Union countries ; Sovereignty ; Europäische Union ; Recht ; Mitgliedsstaaten ; Verfassungsrecht ; Supranationalität ; Souveränität ; Beschränkung ; Europäische Integration ; Europäische Union ; Recht ; Mitgliedsstaaten ; Verfassungsrecht ; Supranationalität ; Souveränität ; Beschränkung ; Europäische Integration
    Abstract: Foreword -- 1. Limitation of Sovereignty by European Integration: the German Experience in a Comparative View; Rainer Arnold -- 2. European Integration and Limitation of Power of Constitutional Reform; Francisco Balaguer Callejon -- 3. National and Constitutional Identity as al Legal and Political Instrument; Luca Mezzetti -- 4. National identity and market freedoms after the Treaty of Lisbon; Sinisa Rodin -- 5. The European Union in the Constittutional Framework of Member States: The Italian Case; Diana-Urania Galetta -- 6. Limitation of Sovereignty by the European Integration - the Polish approach; Boguslaw Banaszak -- 7. The Transfer of Sovereignty in the case-law of the Hungarian Constitutional Court; Peter Kovacs -- 8. An 'Entirely-Specific' Situation or a Routine Limitation of National Autonomy? Slovak Pension XVII of the Czech Constitutional Court; Jiri Zemanek -- 9. The Infra-Constitutionality of European Law in Romania and the Challenges of the Romanian Constitutional Culture; Manuel Gutan -- 10. Europeanization of Albanian Constitutional Law; Arta Vorpsi -- 11. The Supranational Character of the Association Agreements; Viktor Muraviov.
    Abstract: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 2
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401797740
    Language: English
    Pages: Online-Ressource (VIII, 208 p, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 42
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Same sex couples
    RVK:
    Keywords: Ethics ; Civil law ; Regional planning ; Law ; Law ; Ethics ; Civil law ; Regional planning ; Gleichgeschlechtliche Ehe ; Rechtsstellung ; Gleichgeschlechtliche Ehe ; Rechtsstellung ; Gleichgeschlechtliche Ehe ; Rechtsstellung
    Abstract: This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems
    Description / Table of Contents: 1. Introduction; Macarena Sáez2. And the story comes to an end: The Constitutionality of Same-Sex Marriages in Spain; José María Lorenzo Villaverde -- 3. Same-sex unions in Mexico: between text and doctrine; Estefania Vela Barba -- 4. Same-sex Marriage in the United States: The New Protection to Marriage; Macarena Sáez -- 5. Marriage between two. Changing and unchanging concepts of family: The case of LGBTI rights litigation on family issues in Colombia; Natalia Ramírez-Bustamante -- 6. Same-Sex Relationships and Israeli Law; Ayelet Blecher-Prigat -- 7. Same-sex marriage in the Commonwealth Caribbean: Is it Possible?; Toni Holness -- 8. Legal status of same-sex couples within the framework of Turkish civil law; Başak Başoğlu.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 3
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401797771
    Language: English
    Pages: Online-Ressource (XXXIII, 854 p, online resource)
    Edition: 3rd ed. 2015
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 41
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. O'Halloran, Kerry, 1947 - The politics of adoption
    RVK:
    Keywords: Social work ; Law ; Law ; Social work ; Adoption Government policy ; Adoption Law and legislation ; Intercountry adoption ; Adoption ; Government policy ; Law and legislation ; Adoption ; Völkerrecht ; Adoption ; Politik
    Abstract: This book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales, and the changes currently taking place there, it considers the process as it has evolved in other countries. It identifies themes of commonality and difference in the experience of adoption in a common law context as compared and contrasted with that of other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book uses the international Conventions and associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis
    Description / Table of Contents: AcknowledgementsIntroduction -- Part One Adoption, Society and the Law: the Common Law Context -- Chap 1 Adoption: Concept, Principles and Social Construct -- Chap 2 The Changing Face of Adoption -- Part Two Developing International Benchmarks for Modern Adoption Law -- Chap 3 The Legal Functions of Adoption -- Chap 4   Adoption and the European Court of Human Rights -- Chap 5 Inter country Adoption and The Hague Convention -- Part Three Contemporary Law, Policy and Practice in a Common Law Context -- Chap 6 England and Wales -- Chap 7 Ireland -- Chap 8 The US -- Chap 9 Canada -- Chap 10 Australia -- Chap 11 New Zealand -- Part Four Contemporary Law, Policy and Practice in a European Civil Law Context -- Chap 12 Sweden -- Chap 13 France -- Chap 14 Germany -- Part Five Contemporary Law, Policy and Practice in Asia -- Chap 15 The Adoption Process in an Islamic Context -- Chap 16 Japan -- Chap 17 China -- Part Six Contemporary Law, Policy and Practice in an Indigenous Peoples Context -- Chap 18 Intra culture Adoption -- Part Seven The Influence of Politics -- Chap 19 Politics and a Regulatory Regime for Adoption -- Chap 20 Politics and the Contemporary Social Role of Adoption -- Conclusion -- Index.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 4
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400771109
    Language: English
    Pages: Online-Ressource (XXIV, 396 p. 2 illus., 1 illus. in color, online resource)
    Series Statement: Economic Analysis of Law in European Legal Scholarship 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Law and economics in Europe
    RVK:
    RVK:
    RVK:
    Keywords: Wirtschaftsrecht ; EU-Recht ; Zivilrecht ; Europa ; Political science Philosophy ; Commercial law ; Law ; Law ; Political science Philosophy ; Commercial law ; Konferenzschrift 2011 ; Europäische Union ; Recht ; Wirtschaft ; Europäische Union ; Wirtschaftsrecht ; Wirtschaftspolitik ; Ökonomische Theorie des Rechts
    Abstract: This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition
    Description / Table of Contents: ForewordPreface -- Introduction -- Table of contents -- About the Authors -- Part I: Civil Law versus Common Law -- Never the Twain Shall Meet?; Kai Purnhagen -- To What Extent Is the Opposition Between Civil Law and Common Law Relevant for Law and Economics?; Régis Lanneau -- Comparative Study of Legal Reasoning in Swiss and UK Courts; Lynn Watkins -- Part II: Economic and Legal Thinking -- Homo Economicus versus Homo Iuridicus; Mariusz J. Golecki -- Three Realistic Strategies for Explaining and Predicting Judicial Decisions; Diego Moreno-Cruz -- Some Thoughts on Economic Reasoning in Appellate Courts and Legal Scholar-ship; Endre Stavang -- Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’; Klaus Mathis -- Part III: The Limits of Legal Transplants -- The “Hand Rule” as a Standard of Care in Swiss Tort Law?; Balz Hammer and Sandra Duss -- Efficiency and Swiss Contract Law; Ariane Morin -- Class Action Lawsuits in Europe: A Comparative and Economic Analysis; Ricardo Dawidowicz -- Crown Witnesses in Switzerland?; Zinon Koumbarakis -- Part IV: Economic Analysis in EU Law -- The Case for a Principled Approach to Law and Economics: Efficiency Analysis and General Principles of EU Law; Aurélien Portuese -- Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and its Normative Basis; Jens-Uwe Franck and Kai Purnhagen -- Economic Principles in Antitrust Law in the Aftermath of the More Economic Approach; Claudia Seitz -- Index.
    Note: Includes index
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 5
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789401788106
    Language: English
    Pages: Online-Ressource (XIII, 223 p, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 37
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Global perspectives on subsidiarity
    RVK:
    Keywords: Philosophy of law ; Philosophy ; Public law ; Law ; Law ; Philosophy of law ; Philosophy ; Public law ; Aufsatzsammlung ; Subsidiaritätsprinzip ; Rechtsphilosophie ; Rechtsvergleich
    Abstract: Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
    Description / Table of Contents: Biographical Details1. The Global Relevance of Subsidiarity: An Overview; Michelle Evans and Augusto Zimmermann -- 2. Subsidiarity in the Writings of Aristotle and Aquinas; Nicholas Aroney -- 3. Subsidiarity in Catholic Social Theory; Patrick McKinley Brennan -- 4. The Relationship Between Subsidiarity and Sphere Sovereignty; Lael Daniel Weinberger -- 5. Subsidiarity and Social Pluralism; Jonathan Chaplin.- 6. Subsidiarity, Democracy and Individual Rights in Brazil; Augusto Zimmermann.- 7. Can Subsidiarity Reform the Modern Welfare State?; The Rev Robert A Sirico.- 8. Subsidiarity and the German Constitution; Jürgen Bröhmer.- 9. Subsidiarity as Judicial and Legislative Review Principles in the European Union; Gabriël A Moens and John Trone.- 10. Subsidiarity and Federalism: A Case Study of the Australian Constitution and its Interpretation; Michelle Evans.- 11. Subsidiarity and the Global Order; Andreas Follesdal.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 6
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775374
    Language: English
    Pages: Online-Ressource (X, 293 p, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 29
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. African legal theory and contemporary problems
    RVK:
    RVK:
    Keywords: Philosophy of law ; Regional planning ; Development Economics ; Criminology ; Law ; Law ; Philosophy of law ; Regional planning ; Development Economics ; Criminology
    Abstract: The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike
    Description / Table of Contents: AcknowledgmentsList of Contributors -- Introduction; Oche Onazi -- Part I:  Law -- Chapter 1 On ‘African’ Legal Theory: A Possibility, An Impossibility or Mere Conundrum?; Chikosa Mozesi Silungwe -- Chapter 2 When British Justice (in African Colonies) Points Two Ways: On Dualism, Hybridity, and the Genealogy of Juridical Negritude in Taslim Olawale Elias; Mark Toufayan -- Chapter 3 Decoding Afrocentrism: Decolonizing Legal Theory; Dan Kuwali -- Chapter 4 Connecting African Jurisprudence to Universal Jurisprudence through a shared understanding of Contract; Dominic Burbidge -- Chapter The Legal Subject in Modern African Law: A Nigerian Report; Olúfémi Táíwó -- Part II: Rights -- Chapter 6 African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter; Thaddeus Metz -- Chapter 7 Before Rights and Responsibilities: An African Ethos of Citizenship; Oche Onazi -- Chapter 8 The Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign; Karen Zivi.- Chapter 9 Unpacking the Universal: African Human Rights Philosophy in Chinua Achebe’s Things Fall Apart; Basil Ugochukwu -- Part III: Society -- Chapter 10 Legal Empowerment of the Poor:  Does Political Participation matter? Oche Onazi -- Chapter 11 The Humanist basis of African Communitarianism as viable third alternative theory of developmentalism; Adebisi Arewa -- 12 Crime Detection and the Psychic Witness in America: an Allegory for re-appraising Indigenous African Criminology; Babafemi Odunsi -- Index.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 7
    ISBN: 9789400776661
    Language: English
    Pages: Online-Ressource (X, 362 p. 2 illus. in color, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 31
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Civil litigation in China and Europe
    RVK:
    Keywords: Civil law ; Civil Law ; Law ; Law ; Civil law ; China ; Prozess ; Europäische Union
    Abstract: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature
    Description / Table of Contents: Acknowledgements.- List of Abbreviations.- About the AuthorsTable of Contents.- Introduction; C.H. (Remco) van Rhee and Fu Yulin.- Part 1  China: Mainland.- China: Mainland. Efficiency at the Expense of Quality?; Wang Yaxin and Fu Yulin.- Case Management in China’s Civil Justice System; Cai Yanmin.- From ‘Trial Management’ to ‘Case Management’ in China; Wang Fuhua.- Part 2 China: Hong Kong.- China: Hong Kong. Selective Adoption of the English Woolf Reforms; Peter Chan, David Chan and Chen Lei.- Impact of Civil Justice Reform on Alternative Dispute Resolution: A Hong Kong Prospective; Christopher To.- Part 3 Austria and Germany.- Austria and Germany: A History of Successful Reforms; Andrea Wall.- The Austrian Model of Cooperation between the Judges and the Parties; Irmgard Griss.- ‘Mediation Judges’ in Germany: Mutual interference of EU standards and national developments; Burkhard Hess.- Part 4  Croatia.- Croatia: Omnipotent Judges as the Cause of Procedural Inefficiency and Impotence; Alan Uzelac.- Commercial Courts in Croatia and Case Management; Mario Vukelić.- Part 5 Italy.- Italy: Civil Procedure in Crisis; Elisabetta Silvestri.- Part 6 The Netherlands.- The Netherlands: A No-Nonsense Approach to Civil Procedure Reform; C.H. (Remco) van Rhee and Remme Verkerk.- Mediation: A Desirable Case Management Tool for the Courts?; Rob Jagtenberg.- Part 7 Romania.- Romania: Procedural reforms: Plus ça change, plus c'est la même chose ; Serban Vacarelu and Adela Ognean.- ANNEX.- Case Management and Procedural Discipline in England and Wales: Fundamentals of an Essential new Technique; Neil Andrews -- Case Management in France; Emmanuel Jeuland.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 8
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775992
    Language: English
    Pages: Online-Ressource (X, 262 p. 7 illus, online resource)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 30
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Human rights and civil liberties in the 21st century
    RVK:
    Keywords: Public law ; Constitutional law ; Law ; Law ; Public law ; Constitutional law ; Aufsatzsammlung ; Menschenrecht ; Freiheit ; Menschenrecht ; Bürgerrecht ; Europäischer Gerichtshof für Menschenrechte
    Abstract: This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states
    Description / Table of Contents: Introduction; Yves Haeck and Eva BremsInterpretation and Application of the European Convention on Human Rights in the Broader Context of International Law: Myth or Reality?; Cesare Pitea -- Universal Human Rights Law in the United States; Mortimer N.S. Sellers -- The Duty of Cooperation of the Respondent State during the Proceedings before the European Court of Human Rights; Helena De Vylder and Yves Haeck -- Protection by the Law: The Positive Obligation to Develop a Legal Framework to Adequately Protect ECHR Rights; Laurens Lavrysen -- The Adjudication Process and Reasoning at the International Criminal Court: the Lubanga Trial Chamber Judgment, Sentencing and Reparations; Susana SáCouto and Katherine Cleary -- Interim Measures before the Inter-American and African Human Rights Commissions - Strengths and Weaknesses; Clara Burbano-Herrera and Frans Viljoen -- The Law of the Sea and Human Rights in the Hirsi Jamaa and Others v. Italy Judgment of the European Court of Human Rights; Jasmine Coppens -- New Frontiers in American Capital Punishment Litigation; Eric M. Freedman -- The Impact of European Human Rights on Childbirth; Marlies Eggermont -- Res Interpretata: Legal Effect of the European Court of Human Rights’ Judgments for other States than those which were Party to the Proceedings; Adam Bodnar -- About the Authors.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 9
    ISBN: 9789401789356
    Language: English
    Pages: Online-Ressource (XX, 455 p, online resource)
    Edition: 2nd ed. 2014
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Sadurski, Wojciech, 1950 - Rights before courts
    RVK:
    RVK:
    Keywords: Philosophy of law ; Law ; Law ; Philosophy of law ; Ostmitteleuropa ; Verfassungsgerichtsbarkeit ; Ostmitteleuropa ; Verfassungspolitik
    Abstract: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government
    Description / Table of Contents: Preface to the Second EditionIntroduction -- Part 1 -- 1. The Model of Constitutional Review In Central And Eastern Europe: An Overview -- 2. Constitutional Courts in Search if Legitimacy.- 3. The Model of Judicial Review And Its Implications -- 4. Constitutional Courts and Legislation -- Part II -- 5. Judicial Review And Protection of Constitutional Rights.- 6. Personal, Civil and Political Rights and Liberties -- 7. Socio-Economic Rights.- 8. Equality and Minority Rights.- 9. “Decommunisation”, “Lustration” and Constitutional Continuity -- 10. Restrictions of Rights.- General Literature -- Index.
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 10
    ISBN: 9789400775404
    Language: English
    Pages: Online-Ressource (XV, 369 p. 20 illus., 10 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Reloading data protection
    RVK:
    Keywords: Philosophy of law ; Technology Philosophy ; Computer science ; Law ; Law ; Philosophy of law ; Technology Philosophy ; Computer science ; Aufsatzsammlung ; Konferenzschrift ; Datenschutz ; Internationales Recht ; Datenschutz ; Internationales Recht
    Abstract: This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. The first section of the book provides an overview of developments in data protection in different parts of the world. The second section focuses on one of the most captivating innovations of the data protection package: how to forget, and the right to be forgotten in a digital world. The third section presents studies on a recurring, and still important and much disputed, theme of the Computers, Privacy and Data Protection (CPDP) conferences : the surveillance, control and steering of individuals and groups of people and the increasing number of performing tools (data mining, profiling, convergence) to achieve those objectives. This part is illustrated by examples from the domain of law enforcement and smart surveillance. The book concludes with five chapters that advance our understanding of the changing nature of privacy (concerns) and data protection
    Description / Table of Contents: ForewordAbout the Authors -- Part 1: Data protection in the world : Brazil and Poland.- 1. Data Protection in Brazil: New Developments and Current Challenges; Danilo Doneda and Laura Schertel Mendes -- 2. The effectiveness of redress mechanisms. Case study : Poland; Dorota Głowacka and Beata Konieczna -- Part 2: Forgetting and the right to be forgotten -- 3. Forgetting, Non-Forgetting and Quasi-Forgetting in Social Networking: Canadian Policy and Corporate Practice; Colin Bennett, Christopher Parsons and Adam Molnar -- 4. The EU, the US and the Right to be Forgotten; Paul Bernal -- 5. Stage ahoy! Deconstruction of the “drunken pirate” case in the light of impression management; Paulan Korenhof.- Part 3: Surveillance and law enforcement.- 6. New surveillance, new penology and new resistance: towards the criminalisation of resistance?; Antonella Galetta -- 7. Surveillance and Criminal Investigation: Blurring of Thresholds and Boundaries in the Criminal Justice System?; John Vervaele -- 8. Privatization of Information and the Data Protection Reform; Els De Busser -- 9. Quo vadis smart surveillance? Smart technologies combine and challenge democratic oversight; Marc Langheinrich, Rachel Finn, Vlad Coroama and David Wright -- 10. Surveillance of Communications Data and Article 8 of the European Convention on Human Rights; Nora Ni Loideain --  Part 4: Understanding data protection and privacy -- 11. Realizing the Complexity of Data Protection; Marion Albers -- 12. Forgetting about consent. Why the focus should be on “suitable safeguards” in data protection; Gabriela Zanfir.- 13. “All my mates have got it, so it must be okay”: Constructing a Richer Understanding of Privacy Concerns; Anthony Morton -- 14. Data mining and Its Paradoxical Relationship to the Purpose Limitation Principle; Liane Colonna.- 15. The cost of using Facebook: Assigning value to privacy protection on social network sites against data mining, identity theft, and social conflict; Wouter Steijn -- 16. Strong Accountability: Beyond Vague Promises; Denis Butin, Marcos Chicote and Daniel Le Métayer. .
    Note: Includes bibliographical references
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 11
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400707764
    Language: English
    Pages: Online-Ressource (XIII, 266 p, online resource)
    Edition: 4th ed. 2013
    Series Statement: Library of Ethics and Applied Philosophy 29
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Corlett, J. Angelo, 1958 - Responsibility and punishment
    RVK:
    RVK:
    RVK:
    Keywords: Humanities ; Criminology ; Law ; Law ; Humanities ; Criminology ; Criminology ; Ethics ; Ontology ; Philosophy ; Strafe ; Verantwortlichkeit
    Abstract: This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”-John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside
    Description / Table of Contents: Preface                                                                                                                                                                                                                                                                                                                                                                       Introduction                                                                                            1: The Problem of Responsibility,- 2: The Problem of Punishment.-3: The Socratic Roots of Retributivism4: Foundations of a Kantian Retributivism -- 5: Assessin Retributivism -- 6: Retributivism and Recidivism -- 7: Forgiveness, Apology, and Retributive Punishment.-   8: Capital Punishment.- 9: The Problem of Collective Responsibility.-10: Corporate Responsibility and Punishment.-11: U.S. Responsibility for War Crimes in Iraq.-Conclusion                                                                                        .
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 12
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400775220
    Language: English
    Pages: Online-Ressource (XXI, 975 p. 11 illus, online resource)
    Series Statement: Law, Governance and Technology Series 12
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Kindt, Els J. Privacy and data protection issues of biometric applications
    RVK:
    Keywords: Biometrics ; Computers Law and legislation ; Public law ; Law ; Law ; Biometrics ; Computers Law and legislation ; Public law ; Biometry Law and legislation ; Data protection Law and legislation ; Privacy, Right of ; Hochschulschrift ; Biometrie ; Datenschutz ; Privatleben ; Biometrie ; Identifikation ; Verhältnismäßigkeitsgrundsatz ; Rechtsstaatsprinzip ; Datenschutz
    Abstract: This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources
    Description / Table of Contents: Preface; Peter Hustinx Acknowledgements -- Acronyms -- Table of Contents -- Introduction -- Part I: The Concept Of Biometric Data -- Chapter 1. An Introduction Into The Use Of Biometric Technology -- Section I. A Long History of Use of Biometric Characteristics -- Section II. The Functioning Of A Biometric System -- Chapter 2. Biometric Data, Data Protection and the Right To Privacy -- Section I. Biometric Data and the Concept of Personal Data -- Section II. Biological Material and Other Information Relating To Individuals -- Section III. Biometric Data, Data Protection and Privacy -- Chapter 6. Strengths and Weaknesses Of The Proportionality Principle For Biometric Applications -- Part III: Assessment and Recommendations For Strengthening The Data Protection Framework For Biometric Data -- Chapter 7. The Criteria For The Correct ‘Balancing Of Rights’ -- Chapter 8. The Need For A Consistent Legal Regulation Of Biometric Data -- Chapter 9. A Legal Model For The Use Of Biometric Data In The Private Sector -- List Of Figures And Tables -- Bibliography -- Index.  .
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 13
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400720398
    Language: English
    Pages: Online-Ressource (XXXI, 372p. 32 illus, digital)
    Series Statement: Space Regulations Library 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Lee, Ricky J. Law and regulation of commercial mining of minerals in outer space
    DDC: 341.4
    RVK:
    Keywords: Mines and mineral resources ; Astrophysics ; Law ; Law ; Mines and mineral resources ; Astrophysics ; Weltraum ; Abbaustelle ; Bergbau ; Bergbauberechtigung ; Bergrecht ; Regulierung
    Abstract: This monograph addresses the legal and policy issues relating to the commercial exploitation of natural resources in outer space. It begins by establishing the economic necessity and technical feasibility of space mining today, an estimate of the financial commitments required, followed by a risk analysis of a commercial mining venture in space, identifying the economic and legal risks. This leads to the recognition that the legal risks must be minimised to enable such projects to be financed. This is followed by a discussion of the principles of international space law, particularly dealing with state responsibility and international liability, as well as some of the issues arising from space mining activities. Much detail is devoted to the analysis of the content of the common heritage of mankind doctrine. The monograph then attempts to balance such interests in creating a legal and policy compromise to create a new regulatory regime.
    Description / Table of Contents: Acknowledgements; Contents; List of Abbreviations; List of Figures; List of Tables; Glossary; List of Reports, Series and Journal Titles; 1 Introduction and Overview; 1.1 The Problem; 1.1.1 The Context; 1.1.2 Structure of the Monograph; 1.2 Historical Background; 1.2.1 Technological Evolution; 1.2.2 The Post-Cold War World; 1.2.3 The Hypothesis; 1.3 Economic and Technical Prospects of Mining on Celestial Bodies; 1.4 Liability and State Responsibility for Compliance with International Legal Principles; 1.4.1 Phases of a Commercial Space Mining Venture; 1.4.2 Applicable Legal Issues
    Description / Table of Contents: 1.4.3 State Responsibility and International Liability1.5 Exploration and Extraction Rights; 1.6 Exploitation Rights: Effects of the Common Heritage of Mankind Doctrine; 1.7 Meeting the Challenges and Balancing the Competing Interests in Creating a Regulatory Framework for Mineral Resources in Space; 1.7.1 Meeting the Challenges; 1.7.2 Balancing the Competing Interests; 1.7.3 Structure and Composition; 1.7.4 Procedures; 1.7.5 Judicial Mechanisms; 1.8 Conclusions; 2 Economic and Technical Prospects of Mining on Celestial Bodies; 2.1 Introduction; 2.2 Economic Feasibility of Space Mining
    Description / Table of Contents: 2.2.1 The Study of Resource Economics2.2.1.1 Overview; 2.2.1.2 Proven Reserves; 2.2.1.3 Conditional Reserves; 2.2.1.4 Inferred Resources; 2.2.1.5 Hypothetical Reserves; 2.2.1.6 Speculative Resources; 2.2.2 Economic Scarcity of Mineral Resources; 2.2.2.1 Theoretical Constructs; 2.2.2.2 The Optimistic Perspective; 2.2.2.3 The Pessimistic Perspective; 2.2.3 Implications of the Hydrogen Economy; 2.3 Expanding the Economic Resource Base; 2.4 The Riches of Space; 2.4.1 Mining the Moon; 2.4.2 Resources from Mars and Other Planets
    Description / Table of Contents: 2.4.3 Geology and Mineralogy of Asteroids and Their Suitability for Mining Activities2.4.3.1 Asteroid Taxonomy; 2.4.3.2 Overview; 2.4.3.3 The S Class; 2.4.3.4 The M and E Classes of Asteroids; 2.4.3.5 The V Class; 2.4.4 Suitability of Near Earth Asteroids; 2.4.5 Other Groups of Potential Mining Candidates; 2.4.5.1 The Arjunas; 2.4.5.2 Coorbital Asteroids; 2.4.5.3 Short Period Comets; 2.5 Technical Feasibility of Space Mining; 2.5.1 Orbital Mechanics; 2.5.1.1 Orbital Geometry; 2.5.1.2 Calculating Energy Requirements; 2.5.1.3 Hohmann Transfer Orbits; 2.5.1.4 Timing Considerations
    Description / Table of Contents: 2.5.2 Mission Trajectories2.5.2.1 Energy Cost of Mining Missions to Celestial Bodies; 2.5.2.2 Apollo Asteroids; 2.5.2.3 Short Period Comets; 2.5.2.4 Aten Asteroids; 2.5.2.5 Arjuna and Amor Asteroids with Low Eccentricities; 2.5.3 Energy Requirements for the Mining and Processing of Ores; 2.6 Exploratory Missions to Near Earth Asteroids; 2.6.1 Flyby Missions; 2.6.2 Rendezvous and Lander Missions; 2.6.3 Sample Return Missions; 2.7 Commercial Feasibility of Space Mining; 2.7.1 Advantages of Mining Near Earth Asteroids; 2.7.2 Costing an Asteroid Mining Project
    Description / Table of Contents: 2.7.3 Determining Financial Feasibility
    Note: Description based upon print version of record
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 14
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402091605
    Language: English
    Pages: Online-Ressource (1200p. eReference. In 2 volumes, not available separately, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. Encyclopedia of global justice
    Parallel Title: Druckausg. Encyclopedia of global justice
    RVK:
    Keywords: Philosophy (General) ; Philosophy ; Philosophy of law ; Political science Philosophy ; Law—Philosophy. ; Development economics ; Development Economics ; Political science ; Political science Philosophy ; Ethics ; Law ; Weltordnung ; Gerechtigkeit ; Globalisierung ; Politische Ethik
    Abstract: This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 15
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400701564
    Language: English
    Pages: Online-Ressource (XIX, 320p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 8
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. The EU Charter of Fundamental Rights
    RVK:
    Keywords: Comparative law ; Public law ; Constitutional law ; Political science ; Law ; Civil rights--European Union countries. ; Europäische Union Charta der Grundrechte
    Abstract: The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons, the internal market, the area of freedom security and justice (civil and criminal aspects), social rights protection, environmental policy, enlargement, international trade and the Common Foreign and Security Policy.
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 16
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402087301
    Language: English
    Pages: Online-Ressource (digital)
    Edition: 2
    Series Statement: Law and Philosophy Library 8
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. Peczenik, Aleksander, 1937 - 2005 On Law and Reason
    RVK:
    RVK:
    Keywords: Genetic epistemology ; Logic ; Ontology ; Philosophy of law ; Law ; Rechtstheorie
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 17
    ISBN: 9781402094989
    Language: English
    Pages: Online-Ressource (digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. Reinventing data protection?
    RVK:
    RVK:
    Keywords: Public law ; Humanities ; Political science ; Law ; Konferenzschrift 2007 ; Datenschutz
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 18
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789048129829 , 9789048129812
    Language: English
    Pages: Online-Ressource (approx 175 pages in draft version, this will increase after reviewing, digital)
    Series Statement: Law and Philosophy Library 88
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Concepts in law
    RVK:
    Keywords: Philosophy (General) ; Linguistics Philosophy ; Philosophy of law ; Philosophy of mind ; Law Philosophy ; Philosophy ; Law Philosophy ; Linguistics Philosophy ; Philosophy (General) ; Philosophy of law ; Philosophy of mind ; Law ; Philosophy ; Law ; Methodology ; Rechtsphilosophie
    Abstract: During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter.
    Description / Table of Contents: CONTENTS; An Essay on Legal Concept Formation; About Concepts in Law; Understanding and Applying Legal Concepts: An Inquiryon Inferential Meaning; The Meaning of Legal Status Words; Explicating the Concept of Legal Competence; The Influence of Normative Reasons on the Formationof Legal Concepts; The Hand of Midas: When Concepts Turn Legal, or Deflating theHart-Dworkin Debate; After Conceptual Analysis: The Rise of Practice Theory;
    Note: Includes bibliographical references
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
Close ⊗
This website uses cookies and the analysis tool Matomo. More information can be found here...