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  • Dordrecht : Springer  (29)
  • Dordrecht : Springer Netherlands  (19)
  • Law  (48)
  • Law  (47)
  • Theology  (1)
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  • 1
    Online Resource
    Online Resource
    Limitations of National Sovereignty through European Integration (2016)
    Dordrecht : Springer Netherlands
    Details
    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:
    MK 5110
    RVK:
    MD 4800
    RVK:
    PS 2760
    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
    DOI: 10.1007/978-94-017-7471-0
    URL: Volltext  (lizenzpflichtig)
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    MPI Ethno. Forsch.
  • 2
    Online Resource
    Online Resource
    Same Sex Couples - Comparative Insights on Marriage and Cohabitation (2015)
    Dordrecht : Springer Netherlands
    Details
    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:
    PU 1534
    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
    DOI: 10.1007/978-94-017-9774-0
    URL: Volltext
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    MPI Ethno. Forsch.
  • 3
    Online Resource
    Online Resource
    The Politics of Adoption : International Perspectives on Law, Policy and Practice (2015)
    Dordrecht : Springer Netherlands
    Details
    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:
    PU 1534
    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
    DOI: 10.1007/978-94-017-9777-1
    URL: Volltext
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 4
    Online Resource
    Online Resource
    Reforming European Data Protection Law (2015)
    Dordrecht : Springer
    Details
    ISBN: 9789401793858
    Language: English
    Pages: Online-Ressource (XX, 406 p. 30 illus., 16 illus. in color, online resource)
    Series Statement: Law, Governance and Technology Series 20
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Reforming European data protection law
    RVK:
    MK 5200
    RVK:
    PZ 4800
    Keywords: Technology Philosophy ; Data protection ; Computer science ; Computers Law and legislation ; Law ; Konferenzschrift 2014 ; Konferenzschrift ; Europäische Union ; Datenschutz
    Abstract: This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection
    DOI: 10.1007/978-94-017-9385-8
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  • 5
    Online Resource
    Online Resource
    Human Rights and Civil Liberties in the 21st Century (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PR 2213
    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
    DOI: 10.1007/978-94-007-7599-2
    URL: Volltext
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    URL: Cover
    URL: Inhaltsverzeichnis
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  • 6
    Online Resource
    Online Resource
    Law, Culture and Visual Studies (2014)
    Dordrecht : Springer
    Details
    ISBN: 9789048193226
    Language: English
    Pages: Online-Ressource (XLI, 1042 p. 125 illus., 65 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    RVK:
    PC 5350
    Keywords: Law ; Law
    Abstract: The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law C ...
    Description / Table of Contents: Biographical notes on the editors.- Biographical notes on contributors.- Introduction: Law, Culture and Visual Studies; Richard K. Sherwin.- Part I. Introducing Visual Legal StudiesPart II. Visualizing Legal Scholarship -- Part III. Law And Iconic Art -- Part IV. Visualizing Law In Indigenous Or Folk Loric Culture -- Part V. Visualizing Law’s Topography -- Part VI. Visual Technologies Of Law -- Part VII. Law And Popular Visual Media: “Case Studies” -- Part VIII. Law And Popular Visual Media: In Theory -- Index.
    DOI: 10.1007/978-90-481-9322-6
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  • 7
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    Online Resource
    Reloading Data Protection : Multidisciplinary Insights and Contemporary Challenges (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PZ 4800
    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
    DOI: 10.1007/978-94-007-7540-4
    URL: Volltext
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    URL: Cover
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  • 8
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    Online Resource
    African Legal Theory and Contemporary Problems : Critical Essays (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PU 6200
    RVK:
    PL 755
    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
    DOI: 10.1007/978-94-007-7537-4
    URL: Volltext
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  • 9
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    Civil Litigation in China and Europe : Essays on the Role of the Judge and the Parties (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PG 460
    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
    DOI: 10.1007/978-94-007-7666-1
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  • 10
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    Rights Before Courts : A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PL 625
    RVK:
    PO 2839
    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
    DOI: 10.1007/978-94-017-8935-6
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  • 11
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    Global Perspectives on Subsidiarity (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PI 3400
    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
    DOI: 10.1007/978-94-017-8810-6
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  • 12
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    Federalism and legal unification : a Comparative Empirical Investigation of Twenty Systems (2014)
    Dordrecht : Springer
    Details
    ISBN: 9789400773981
    Language: English
    Pages: Online-Ressource
    Series Statement: Ius Gentium 28
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Federalism and legal unification
    RVK:
    PL 625
    Keywords: Constitutional law ; Law ; Föderalismus ; Rechtseinheit ; Verfassungsrecht ; Internationaler Vergleich
    Abstract: How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
    DOI: 10.1007/978-94-007-7398-1
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  • 13
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    Beneficial Ownership : Basic and Federal Indian Law Aspects of a Concept (2014)
    Dordrecht : Springer
    Details
    ISBN: 9783319016863
    Language: English
    Pages: Online-Ressource (XXIX, 151 p. 8 illus, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Reinhard-DeRoo, Matthias Beneficial ownership
    RVK:
    PP 8675
    Keywords: Humanities ; Anthropology ; Law ; Law ; Humanities ; Anthropology
    Abstract: The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept? This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as “the law in action.” To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book
    Description / Table of Contents: IntroductionThe Term Beneficial Ownership -- Beneficial Ownership as a Concept -- Common Law, Equity and Beneficial Ownership -- Beneficial Ownership Used in U.S. Supreme Court Decisions -- Fundamental Aspects of Federal Indian Law -- The Beneficial Ownership Concept Applied in Federal Indian Law -- Epilogue.
    Note: Includes bibliographical references
    DOI: 10.1007/978-3-319-01686-3
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  • 14
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    Law and Economics in Europe : Foundations and Applications (2014)
    Dordrecht : Springer Netherlands
    Details
    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:
    PE 330
    RVK:
    PS 3760
    RVK:
    PS 3200
    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
    DOI: 10.1007/978-94-007-7110-9
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  • 15
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    The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400765436
    Language: English
    Pages: Online-Ressource (XXII, 257 p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 26
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    RVK:
    PS 3760
    Keywords: Philosophy, modern ; Philosophy of law ; Law ; Law ; Philosophy, modern ; Philosophy of law ; Europäische Union ; Produktsicherheit ; Vereinheitlichung
    Abstract: This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states
    Description / Table of Contents: Acknowledgements; Contents; Abbreviations; Introduction; 1 Approach and Aims; 2 Methods; 3 Structure; Chapter 1: Mapping the Systematization of EU Product Safety Regulation; 1.1 The Emergence of Conceptual Risk-Based Product Safety Regulation in Europe; 1.1.1 The Different and Yet Common Development of 'New Governance'- and 'New Approach'-Products - A Summary; 1.1.2 The Case of 'New Approach'-Products: From Experimental Restraint to Systematic Horizontal Concepts; 'Standard Setting' Under the Traditional Free Movement of Goods-Regime
    Description / Table of Contents: The First Wave of Systematization: The Introduction of the 'New Approach'-System as Response to the ECJ's Wider Interpretation of the Free Movement of GoodsThe Switch of the Understanding of Market Integration Through 'Dassonville' and 'Cassis de Dijon'; Widening the 'New Approach' and Introduction of Post-market Surveillance Systems; Reasons for the First Wave of Systematization of 'New Governance'-Products: The ECJ's Push for a New Understanding of Market Integration
    Description / Table of Contents: The Second Wave of Systematization: Conceptual Proposals Such as the Sutherland-Report, the Lisbon Agenda and the 'New Governance'- and 'Better Regulation'-ApproachThe Influence of the Sutherland-Report: Rationalization of Legislation Through Systematization; The Influence of the Lisbon-Agenda: European Market Integration Through Systematization; The Influence of the 'New Governance', 'Better Regulation', and 'Smart Regulation'-Strategies: Integration, Rationalization and Legitimisation Through Systematization; Intensifying and Institutionalising the 'New Approach'
    Description / Table of Contents: The New Legislative Framework for Marketing of ProductsReasons for the Second Wave of Systematization of 'New Approach'-Products: Rationalization, Market Integration and Legitimization; 1.1.3 The Case of 'New Governance'-Products: From Reaction Regulation to Consolidated and Codified Sector Specific Concepts; The First Wave: Sector-Specific Systematization as Reaction to Catastrophes; Regulation of Pharmaceuticals: The Thalidomide Story; Regulation of Food- and Feedstuff: Stories About Mad Cows and Dioxin Contaminations; Seveso and Chemical Law
    Description / Table of Contents: Reasons for the First Wave of Systematization of 'New Governance'-Products: People's PressureThe Second Wave: Systematic Sector Specific Consolidation and Codification After the 'New Governance'- and the 'Better Regulation'-Agenda; Substantial Systematization: The Introduction of Regulatory Logics to the Respective Areas; The 'Lisbon'-Agenda as General Guideline and the Transfer of 'New Approach' Logics to 'New Governance'-Products; European Systematization of Market Areas Through the Pharmacode, Foodcode and REACH
    Description / Table of Contents: Institutional Systematization: The Introduction of Regulatory Governance as the New Architecture of 'Supervision Governance'
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-6543-6
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  • 16
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    Dialogues on Human Rights and Legal Pluralism (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400747104
    Language: English
    Pages: Online-Ressource (XIII, 287 p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 17
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Dialogues on human rights and legal pluralism
    RVK:
    PR 2213
    RVK:
    PI 5020
    RVK:
    PK 280
    RVK:
    MS 6800
    Keywords: Philosophy of law ; Law ; Law ; Philosophy of law ; Aufsatzsammlung ; Menschenrecht ; Rechtssystem ; Pluralismus ; Internationales Recht
    Abstract: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
    Description / Table of Contents: Dialogues on Human Rights and Legal Pluralism; Acknowledgments; About the Contributors; Contents; Contributors; Chapter 1: Introduction: Human Rights Through Legal Pluralism; 1.1 Universality and Plurality: Foundational Claims; 1.2 Human Rights Values and Multiple Legal Orders: Connections and Contradictions; 1.3 Communities, Human Rights and Local Practices; 1.4 Conclusion; Part I: Universality and Plurality: Foundational Claims; Chapter 2: Pluralistic Human Rights? Universal Human Wrongs?; 2.1 Introduction; 2.2 Three (Un)Certain Critiques of Universal Human Rights
    Description / Table of Contents: 2.2.1 Instrumental and Symbolic Effects of Legal Regulation2.2.2 Critical Legal Pluralism; 2.2.3 Human Rights Critique in the Lens of Critical Legal Pluralism; 2.3 Legal Pluralism Theory and Universal Human Rights; 2.3.1 Conceptual Issues: Universal Human Rights and Western Neo-colonialism; 2.3.2 Methodological Issues: Universal Human Rights as Individualistic Negative Rights; 2.3.3 Operational Issues - Universal Human Rights and the Cultural Defence; 2.4 Conclusion; Chapter 3: E Pluribus Unum - Bhinneka Tunggal Ika? Universal Human Rights and the Fragmentation of International Law
    Description / Table of Contents: 3.1 Introduction3.2 The Contested and Fractured Emergence of Human Rights; 3.2.1 The Universal Declaration of Human Rights; 3.2.2 Europe: A Binding and Continental Treaty; 3.2.3 The Americas: Universal and Particular 49; 3.2.4 Africa: "Assimilating Without Being Assimilated" 67; 3.3 Fragmentation and International Human Rights Law; 3.3.1 Proliferation of Institutions; 3.3.2 Regionalisation of Human Rights; 3.3.3 Human Rights as Self-Contained Regimes; 3.3.4 Hierarchies of Norms; 3.4 A Fragmented But Universal Human Rights Regime?; 3.5 Conclusion
    Description / Table of Contents: Chapter 4: International Human Rights and Global Legal Pluralism: A Research Agenda4.1 International Human Rights as Legal Pluralism; 4.1.1 The Foundations of International Human Rights' Pluralism; 4.1.1.1 International Human Rights, Value Pluralism and Normative Diversity; 4.1.1.2 International Human Rights and Its Embededness in Public International Law; 4.1.1.3 International Human Rights and Colonialism's Legacy; 4.1.2 Manifestations of Legal Pluralism; 4.1.2.1 International Human Rights and Regionalization; 4.1.2.2 International Human Rights and the Margin of Appreciation
    Description / Table of Contents: 4.1.2.3 International Human Rights and Personal and Functional Diversi fi cation4.2 International Human Rights Through Legal Pluralism; 4.2.1 International Human Rights and New Actors; 4.2.1.1 Sub-state, Decentralized Entities; 4.2.1.2 "Intermediary Bodies", Private Actors and Social Movements; 4.2.1.3 The Private Sphere and Individuals; 4.2.2 New Modes of Norm-Production: Beyond "Bindingness"; 4.2.2.1 "Codes of Conduct"; 4.2.2.2 Professional Ethics; 4.2.2.3 Alternative Dispute Settlement, Mediation, Traditional Justice; 4.2.2.4 Resistance; 4.3 Conclusion
    Description / Table of Contents: Part II: Human Rights Values and Multiple Legal Orders: Connections and Contradictions
    Note: Includes bibliographical references (p. 269-274) and index
    DOI: 10.1007/978-94-007-4710-4
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  • 17
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    The Laws of Robots : Crimes, Contracts, and Torts (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400765641
    Language: English
    Pages: Online-Ressource (XXV, 200 p. 22 illus, digital)
    Series Statement: Law, Governance and Technology Series 10
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Pagallo, Ugo The laws of robots
    RVK:
    PZ 3250
    RVK:
    SR 850
    Keywords: Ethics ; Artificial intelligence ; Computers Law and legislation ; Civil law ; Criminal Law ; Law ; Law ; Ethics ; Artificial intelligence ; Computers Law and legislation ; Civil law ; Criminal Law ; Computer ; Privatrecht ; Strafrecht ; Roboter ; Recht
    Abstract: This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships
    Description / Table of Contents: Preface; Acknowledgments; Contents; List of Figures; List of Tables; Chapter 1: Introduction; Chapter 2: On Law, Philosophy and Technology; 2.1 The Philosophy of Law and Robots; 2.1.1 The Law in Literature; 2.1.2 Sources, Concepts, and Legal Reasoning; 2.1.3 The Levels of Abstraction; 2.2 The Principle of Responsibility; 2.2.1 Immunity; 2.2.2 Strict Liability; 2.2.3 Personal Fault; 2.2.4 Responsibility for a Robot; 2.3 Agency and Accountability of Artificial Agents; 2.3.1 A Moral Threshold; 2.3.2 Agents Before the Law; 2.4 Who Pays?; Chapter 3: Crimes; 3.1 Sci-Fi Scenarios
    Description / Table of Contents: 3.2 The States of Mind and Criminal Acts3.3 Robots and Just Wars; 3.3.1 What Robots Might Change; 3.3.2 Just Causes of War; 3.3.3 Conditions of Just Wars; 3.3.4 Proportionality; 3.4 The Phenomenology of Picciotto Roboto; 3.4.1 Picciotto by Design; 3.4.2 Crimes of Intent; 3.4.3 Crimes of Negligence; 3.5 A Failure of Causation?; Chapter 4: Contracts; 4.1 Pacts, Clauses and Risk; 4.2 The Artificial Doctor; 4.2.1 Parties, Counterparties and Third Parties; 4.2.2 Producers, Users and Patients; 4.3 Robo-Traders; 4.3.1 Artificial Greediness; 4.3.2 The Robot and the Principal
    Description / Table of Contents: 4.3.3 A New Agent in Town4.4 Modern Robots, Ancient Slaves; 4.4.1 The Digital Peculium; 4.5 The UV Revolution; 4.5.1 AI Chauffeurs and Intelligent Car Sharing; 4.5.2 Unjust Damages; Chapter 5: Torts; 5.1 Bad Intentions; 5.2 Children, Pets and Negligence; 5.2.1 American Parents; 5.2.2 Italian Parents; 5.3 AI Employees and Strict Liability Rules; 5.3.1 The Digital Peculium Revisited; 5.4 Burdens of Proof; 5.4.1 The Precautionary Principle; 5.4.2 Robotic Openness; Chapter 6: Law as Meta-technology; 6.1 Robots as Legal Persons; 6.1.1 The Front of Robotic Liberation; 6.1.2 The Pragmatic Stance
    Description / Table of Contents: 6.2 Robots as Strict Agents6.3 Sources of Good and Evil; 6.4 Levels of Complexity; 6.4.1 Technologies of Social Control; 6.4.2 The Political Requirement; Conclusions; References
    Note: Includes bibliographical references
    DOI: 10.1007/978-94-007-6564-1
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  • 18
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    Leibniz: Logico-Philosophical Puzzles in the Law : Philosophical Questions and Perplexing Cases in the Law (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400751927
    Language: English
    Pages: Online-Ressource (XXXVI, 226 p. 6 illus, digital)
    Series Statement: Law and Philosophy Library 105
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Leibniz: logico-philosophical puzzles in the law
    RVK:
    PI 2660
    RVK:
    CF 5504
    Keywords: Philosophy (General) ; Philosophy, modern ; Philosophy of law ; Law ; Law ; Philosophy (General) ; Philosophy, modern ; Philosophy of law ; Quelle ; Kommentar ; Leibniz, Gottfried Wilhelm 1646-1716 Specimen certitudinis seu demonstrationum in iure exhibitum in doctrina conditionum ; Leibniz, Gottfried Wilhelm 1646-1716 ; Rechtsphilosophie ; Logik ; Rechtsfall
    Abstract: This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments. bbbbbb
    DOI: 10.1007/978-94-007-5192-7
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  • 19
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    Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400761100
    Language: English
    Pages: Online-Ressource (XVI, 270 p. 4 illus., 3 illus. in color, digital)
    Series Statement: Law and Philosophy Library 107
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Coherence: insights from philosophy, jurisprudence and artificial intelligence
    RVK:
    PI 3010
    RVK:
    CC 7600
    Keywords: Genetic epistemology ; Computers Law and legislation ; Law ; Law ; Genetic epistemology ; Computers Law and legislation ; Law ; Philosophy ; Sense of coherence ; Aufsatzsammlung ; Kohärenz ; Rechtsphilosophie
    Abstract: This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.
    Description / Table of Contents: Introduction -- About the Authors -- Table of Contents -- Three Kinds of Coherentism; Jaap Hage -- Coherence and Reliability in Judicial Reasoning; Stefan Schubert and Erik J. Olsson -- Coherence and Probability: A Probabilistic Account of Coherence; William Roche -- Coherence: An Outline in Six Metaphors and Four Rules; Juan Manuel Peréz Bermejo -- Legal Interpretation and Coherence; Bartosz Brożek -- Normative Inconsistency and Logical Theories. A First Critique of Defeasibilism; Giovanni Battista Ratti -- The Third Theory of Legal Objectivity; Aldo Schiavello -- Pattern Languages & Institutional Facts.Functions and Coherences in the Law; Kenneth Ehrenberg -- Consistency and Coherence in the “Hypertext” of Law. A Textological Approach; Wojciech Cyrul -- Case Classification, Similarities, Spaces of Reasons, and Coherences; Marcello Guarini -- Coherence as Constraint Satisfaction: Judicial Reasoning Support Mechanism; Jaromír Šavelka -- Limits of Constraint Satisfaction Theory of Coherence as a Theory of (Legal) Reasoning; Michał Araszkiewicz -- Ten Theses on Coherence in Law; Amalia Amaya.  Introduction -- About the Authors -- Table of Contents -- Three Kinds of Coherentism; Jaap Hage -- Coherence and Reliability in Judicial Reasoning; Stefan Schubert and Erik J. Olsson -- Coherence and Probability: A Probabilistic Account of Coherence; William Roche -- Coherence: An Outline in Six Metaphors and Four Rules; Juan Manuel Peréz Bermejo -- Legal Interpretation and Coherence; Bartosz Brożek -- Normative Inconsistency and Logical Theories. A First Critique of Defeasibilism; Giovanni Battista Ratti -- The Third Theory of Legal Objectivity; Aldo Schiavello -- Pattern Languages & Institutional Facts.Functions and Coherences in the Law; Kenneth Ehrenberg -- Consistency and Coherence in the “Hypertext” of Law. A Textological Approach; Wojciech Cyrul -- Case Classification, Similarities, Spaces of Reasons, and Coherences; Marcello Guarini -- Coherence as Constraint Satisfaction: Judicial Reasoning Support Mechanism; Jaromír Šavelka -- Limits of Constraint Satisfaction Theory of Coherence as a Theory of (Legal) Reasoning; Michał Araszkiewicz -- Ten Theses on Coherence in Law; Amalia Amaya.  .
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-6110-0
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  • 20
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    Human Law and Computer Law: Comparative Perspectives (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400763142
    Language: English
    Pages: Online-Ressource (VIII, 202 p. 2 illus, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 25
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Human law and computer law
    RVK:
    PZ 3250
    Keywords: Philosophy of law ; Computers Law and legislation ; Humanities ; Law ; Law ; Philosophy of law ; Computers Law and legislation ; Humanities ; Datenverarbeitung ; Internet ; Recht ; Datenverarbeitung ; Internet ; Recht
    Abstract: The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.
    Description / Table of Contents: Acknowledgements; Contents; Chapter 0: Prefatory Remarks on Human Law and Computer Law; 0.1 Comparative Law; 0.2 Computer Law?; 0.3 Comparing Human Law and Computer Law; 0.4 Human Language and Computer Language: Law, Code and Literature; References; Part I: Law and Code; Chapter 1: Prefatory Remarks on Part I: Law and Code; 1.1 Law and Language; 1.2 Language and Computer Code; 1.3 Law as Code: Two Strands of Research; 1.3.1 Artificial Intelligence and Legal Subjectivity; 1.3.2 Legal and Technological Normativity; References; Chapter 2: From Galatea 2.2 to Watson - And Back?
    Description / Table of Contents: 2.1 Introduction 12.1.1 Mythical Beginnings; 2.1.2 Beyond Snow's Two Cultures; 2.2 Eliza and the Turing Test: A Human Machine?; 2.3 IBM's Heros: Deep Blue and Watson; 2.3.1 Deep Blue; 2.3.2 Watson; 2.4 Searle's Chinese Room Argument: Syntax and Meaning; 2.5 Back to 'My Fair Lady'; 2.6 The Legal Status of Smart Contraptions: Tools, Rivals or Companions?; 2.6.1 Embodiment, Emotion and Cognition; 2.6.2 Legal Implications of Smart Agents; 2.6.2.1 Artificial Legal Subjects: The Agency of Corporations; 2.6.2.2 Artificial Legal Subjects: The Agency of Other 'Intelligent Machines'
    Description / Table of Contents: 2.7 Concluding RemarksReferences; Chapter 3: What Robots Want: Autonomous Machines, Codes and New Frontiers of Legal Responsibility; 3.1 Introduction; 3.2 The No New Responsibility Thesis; 3.3 The New Weak Responsibility Thesis; 3.3.1 New Crimes, New Punishments; 3.3.2 New Agents, New Contracts; 3.4 The New Strong Responsibility Thesis; 3.5 Conclusion; References; Chapter 4: Abort, Retry, Fail: Scoping Techno-Regulation and Other Techno-Effects; 4.1 Introduction; 4.2 What Is Techno-Regulation?; 4.3 The Limits of the Debate on Techno-Regulation
    Description / Table of Contents: 4.4 Beyond the Limits of Techno-Regulation, Part 1: Persuasion, Nudging and Affordances4.5 Beyond the Limits of Techno-Regulation, Part 2: Unintentional and Implicit Influences of Technology; 4.6 The Full Scope of Techno-Effects; 4.7 Abort, Retry, Fail. Or: Liberating the Boxed-in Concept of Techno-Regulation; References; Chapter 5: A Bump in the Road. Ruling Out Law from Technology; 5.1 Introduction; 5.2 Law Is Dead, Long Live Techno-Regulation?; 5.3 Incorporeal Rules or Brute Matter? Two Inescapable Truisms; 5.4 The Practice of Law and the Price of the Practice Turn; 5.5 The Medium of Law
    Description / Table of Contents: 5.6 Hart - The Concept of Law5.6.1 A Practice Theory of Rules; 5.6.2 Demarcating Law as a Practice: Law as a System of Rules; 5.7 Latour - The Passage of Law; 5.7.1 How to Study Law as a Practice? An Ethnography of the Council of State; 5.7.2 Demarcating Law as a Practice: Law as a Regime of Reattachment; 5.7.2.1 The Transfer of Value Objects; 5.7.2.2 Acts of Attachment; 5.7.2.3 Clef de Lecture; 5.8 Beyond Incorporeal Rules and Material Media?; 5.8.1 Institution - Regime of Enunciation; 5.8.2 The Legal Trajectory of Enunciation; 5.9 Law and Technology; 5.9.1 A Bump in the Road
    Description / Table of Contents: 5.9.2 Law as Tracing Through Reattachments
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-6314-2
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  • 21
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    Exclusionary Rules in Comparative Law (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400753488
    Language: English
    Pages: Online-Ressource (XV, 454 p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 20
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Exclusionary rules in comparative law
    RVK:
    PH 6050
    RVK:
    PH 4730
    Keywords: Criminal Law ; Law ; Law ; Criminal Law ; œaExclusionary rule (Evidence)œvCongresses ; Strafverfahrensrecht ; Beweisverwertungsverbot ; Internationaler Vergleich ; Beweisaufnahme ; Illegalität ; Konferenzschrift 2010 ; Konferenzschrift ; Strafverfahrensrecht ; Beweisverwertungsverbot ; Internationaler Vergleich ; Strafverfahrensrecht ; Beweisverwertungsverbot ; Internationaler Vergleich ; Strafverfahrensrecht ; Beweisaufnahme ; Illegalität ; Internationaler Vergleich
    Abstract: This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
    Note: Includes bibliographical references and index
    DOI: 10.1007/978-94-007-5348-8
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  • 22
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    Privacy and Data Protection Issues of Biometric Applications : A Comparative Legal Analysis (2013)
    Dordrecht : Springer Netherlands
    Details
    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:
    PZ 4700
    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
    DOI: 10.1007/978-94-007-7522-0
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  • 23
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    The Universalism of Human Rights (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400745100 , 1283612313 , 9781283612319
    Language: English
    Pages: Online-Ressource (XXIII, 424 p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 16
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. The universalism of human rights
    RVK:
    PR 2213
    Keywords: Public law ; Constitutional law ; Law ; Law ; Public law ; Constitutional law ; Konferenzschrift 2010 ; Konferenzschrift ; Menschenrecht ; Menschenrecht
    Abstract: Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a concept and a normative reality. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
    Description / Table of Contents: The Universalism of Human Rights; Foreword; Préface; Contents; Contributors; Introduction; Human Rights and Peace; Contemporary Developments; Plurinational Level of Protection; Instruments and Mechanisms; Questionnaire; Results; Evaluation; Chapter 1: Reflections on the Universality of Human Rights; 1.1 Are Human Rights Universal?; 1.1.1 How to Define Universality?; 1.1.2 The Human Rights Idea, the Political Transformation of This Idea Into Normative Structures, and the Gap Between Normative Claim and Reality; 1.1.3 Normative Claim and Normative Reality; 1.1.4 Universality v. Relativism 7
    Description / Table of Contents: 1.1.5 Human Rights and National Constitutional Law1.2 Are Fundamental Rights Binding?; 1.2.1 International and Regional Level; 1.2.2 State Level; 1.2.3 The Effects of Human Rights Soft Law; 1.2.4 Human Rights and the Rule of Law; References; Chapter 2: Universal Human Rights in the Law of the United States; 2.1 Introduction; 2.2 Human Rights in the States; 2.3 Federal Protections of Human Rights; 2.4 International Human Rights Standards; 2.5 Conclusion and Prospects for the Future; References; Chapter 3: Diversité culturelle et droits de la personne: la situation au Canada*
    Description / Table of Contents: 3.1 Traités et droit canadien3.2 Actes unilatéraux des organisations internationales et droit canadien; 3.3 Particularismes locaux canadiens; 3.3.1 Peuples autochtones canadiens; 3.3.2 Minorités linguistiques canadiennes; 3.3.3 Minorités ethniques et religieuses canadiennes; 3.4 Conclusion; Bibliographie; Monographie; Articles; Jurisprudence; Législation; Documents internationaux; Rapports; Sites Web; Annexe - Conventions auxquelles le Canada est partie; Chapter 4: The Impact of the Jurisprudence Inter-American Court of Human Rights on the Chilean Constitutional System; 4.1 Introduction
    Description / Table of Contents: 4.2 The Inter-American System of Human Rights4.2.1 The System Based on the OAS Charter; 4.2.2 System Based on the Convention; 4.3 Constitution, Law and Rights in Chile; 4.4 The Position of the International Treaties on Human Rights in the Chilean Constitutional System; 4.4.1 The Hierarchy of International Treaties on Human Rights; 4.4.2 The History of Article 5 (2) Second Sentence of the Constitution; 4.4.3 The Principle of Harmonious Interpretation of the Constitution and the Requirements for Constitutional Amendments
    Description / Table of Contents: 4.4.4 The Hierarchical Superiority of Treaties on Human Rights with Regard to National Law4.4.5 The Chilean Constitution and the American Treaty on Human Rights; 4.4.6 The Relationship Between the San José de Costa Rica Court's Judgments and the Judgments of the Chilean Courts; 4.4.6.1 The San José de Costa Rica Court's Judgments Have No Supremacy over Chilean Courts; 4.4.6.2 The Enforcement of the San José Court's Judgments May Need to Reform the Internal Law; 4.5 Conclusion; References; Bibliography; Legal Documents; Judgments
    Description / Table of Contents: Chapter 5: The Universal Nature of Human Rights: The Brazilian Stance Within Latin America's Human Rights Scenario
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-4510-0
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  • 24
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    Neutrality and Theory of Law (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400760677
    Language: English
    Pages: Online-Ressource (XII, 273 p, digital)
    Series Statement: Law and Philosophy Library 106
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Neutrality and theory of law
    RVK:
    PI 3010
    RVK:
    PU 5310
    Keywords: Genetic epistemology ; Philosophy of law ; Criminology ; Law ; Law ; Genetic epistemology ; Philosophy of law ; Criminology ; Criminology ; Genetic epistemology ; Law ; Philosophy of law ; Law ; Philosophy ; Congresses ; Konferenzschrift 2010 ; Rechtswissenschaft ; Rechtstheorie ; Rechtspositivismus ; Rechtsphilosophie ; Rechtsphilosophie ; Kriminologie
    Abstract: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law
    Description / Table of Contents: Preface -- The Province of Jurisprudence Underdetermined; Juan Carlos Bayón -- Necessity, Importance, and the Nature of Law; Frederick Schauer -- Ideals, Practices, and Concepts in Legal Theory; Brian Bix -- Alexy Between Positivism and non-Positivism; Eugenio Bulygin -- The Architecture of Jurisprudence ; Jules Coleman -- Norms, Truth and Legal Statements; Jorge Rodríguez -- Juristenrecht. Inventing Rights, Obligations, and Powers; Riccardo Guastini -- The Demarcation Problem in Jurisprudence: A New Case for Skepticism; Brian Leiter -- Normative Legal Positivism, Neutrality, and the Rule of Law; Bruno Celano -- On the Neutrality of Charter Reasoning; Wilfrid Waluchow -- Between Positivism and Non-Positivism? A Third Reply to Eugenio Bulygin; Robert Alexy -- The Scientific Model of Jurisprudence; Dan Priel -- Jurisprudential Methodology: Is Pure Interpretation Possible?; Kevin Walton.    ​.
    DOI: 10.1007/978-94-007-6067-7
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  • 25
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    Gender and Sexuality in Latin America - Cases and Decisions (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400761995
    Language: English
    Pages: Online-Ressource (XI, 323 p, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 24
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg.
    RVK:
    PU 5600
    Keywords: Constitutional law ; Law ; Law ; Constitutional law ; Lateinamerika ; Geschlecht ; Sexualität ; Rechtsprechung
    Abstract: Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law. Some decisions are protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America
    Description / Table of Contents: Foreword; Acknowledgements; Biographies; Contents; Chapter 1: Introduction; Chapter 2: Citizenship; 2.1 Citizenship as an Aspiration: Equality, Reparation, and Emancipation; 2.1.1 Equality Before the Law; 2.1.1.1 Matters for Debate; 2.1.2 Reparation; 2.1.2.1 Matters for Debate; Progress; Quota Laws; 2.1.3 Emancipation; 2.1.3.1 Matters for Debate; 2.2 Citizenship as Belonging: Identity and Culture; 2.2.1 Identity; 2.2.1.1 Matters for Debate; 2.2.2 Culture; 2.2.2.1 Matters for Debate; Chapter 3: Family; 3.1 Feminist Criticism of the Nuclear Family; 3.2 Equality of Rights Within the Family
    Description / Table of Contents: 3.2.1 First Problem: Moral Imperatives as Limits to Equality3.2.1.1 Matters for Debate; The Right to Challenge Paternity; The Regulatory Effect of the Recognition of Rights to de facto Couples; 3.2.2 Second Problem: Equality as a Means to Not Discriminate Men; 3.2.2.1 Matters for Debate; 3.3 Maternity and Care; 3.3.1 Assessment of Maternity; 3.3.1.1 Matters for Debate; Maternity as a Natural Quality; The Indetermination of the Cultural Parameter; 3.3.2 The Cultural Assessment of Care Work; 3.3.2.1 Matters for Debate; First Matter for Debate: The Myth of Domesticity
    Description / Table of Contents: The Trap of the Marital Society3.4 Sexual and Non Sexual Violence Within the Family; 3.4.1 Resignation in the Face of Violence as a Means of Protecting the Family; 3.4.1.1 Matters for Debate; 3.4.2 Women's Accountability; 3.4.2.1 Matters for Debate; Chapter 4: Health; 4.1 The Right to Life and the Right to Health; 4.2 Women's Health; 4.2.1 Sterilization, Health, or Autonomy?; 4.2.1.1 Matters for Debate; 4.2.2 The Religious Beliefs of Healthcare Providers; 4.2.2.1 Matters for Debate; 4.3 Abortion; 4.3.1 The Right to Confidentiality and the Obligation to Report; 4.3.1.1 Matters for Debate
    Description / Table of Contents: 4.3.2 Legal Insecurity of Non Punishable Abortion4.3.2.1 Matters for Debate; 4.3.3 Anencephaly; 4.3.3.1 Matters for Debate; 4.4 Health, Technology, and Contraception; 4.4.1 Emergency Contraception; 4.4.1.1 Matters for Debate; 4.4.2 Assisted Reproduction; 4.4.2.1 Matters for Debate; 4.5 The Right to Health and Adolescence; 4.5.1 Progressive Autonomy; 4.5.1.1 First Matter for Debate; 4.5.1.2 Second Matter for Debate; 4.5.2 The Best Interest of the Child, the Right to Identity; 4.5.2.1 Matters for Debate; Chapter 5: Property
    Description / Table of Contents: 5.1 The Positive and Negative Consequences of Linking the Feminine Identity to Maternity and Access to Property5.1.1 The Protection of the Family and of the Mother in the Distribution of Goods in the Community Property: The Recognition of Reproductive Work; 5.1.1.1 Matters for Debate; 5.1.2 The Feminine Identity, Reproductive Work and Access to Commercial Property; 5.1.2.1 Matters for Debate; 5.2 The Consecration of Privileged Access to Property; 5.2.1 Women as Victims of Displacement and the Need for Immediate Intervention by the State: Damage Compensation with Gender Perspective
    Description / Table of Contents: 5.2.1.1 Matters for Debate
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-6199-5
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  • 26
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    Responsibility and Punishment (2013)
    Dordrecht : Springer Netherlands
    Details
    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:
    CC 7250
    RVK:
    PI 4510
    RVK:
    CC 7200
    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
    DOI: 10.1007/978-94-007-0776-4
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  • 27
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    The Principle of Proportionality (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400757752 , 1283909324 , 9781283909327
    Language: English
    Pages: Online-Ressource (XIII, 76 p, digital)
    Series Statement: SpringerBriefs in Law 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T.
    RVK:
    PN 233
    Keywords: Philosophy of law ; Philosophy ; Criminal Law ; Criminology ; Law ; Law ; Philosophy of law ; Philosophy ; Criminal Law ; Criminology ; Verhältnismäßigkeitsgrundsatz ; Rechtsphilosophie
    Abstract: The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.
    Abstract: The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality
    Description / Table of Contents: 1. Preface -- 2. Introduction -- 3. Book I, In Dubio Pro Reo -- 4. Book II, When a Crime is not a Crime -- 5. Book III, Love and Proportionality -- 6. Book IV, The End Justifying the Means -- 7. Book V, True Globalisation -- 8. Book VI, Large and Small Crimes -- 9. Book VII, A Farewell to Evolution. 〈br〉.
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-5775-2
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  • 28
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    Lawyers Making Meaning : The Semiotics of Law in Legal Education II (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400754584
    Language: English
    Pages: Online-Ressource (XIV, 257 p. 1 illus, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T.
    RVK:
    PI 2250
    Keywords: Linguistics Philosophy ; Sign language ; Developmental psychology ; Law ; Law ; Linguistics Philosophy ; Sign language ; Developmental psychology
    Abstract: This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning-the way in which they help make the world and are made, in turn by the world they create -can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit-such as: text, name and meaning. ​
    Description / Table of Contents: Preface; Contents; Part I Face-to-Face with Legal Semiotics; Chapter 1 Semiotics: A Fresh Start for Law; Semiotics; Legal Semiotics; Semiotics and Communication; Roberta Kevelson; Jourdain's Bewilderment; Study Semiotics and Law; Chapter 2 Signs, and Signs in Law; What is a Sign?; Communication; Culture, Law and Medicine; Signs, Symptoms, Names; Signs Merge Law and Semiotics; Community; The Cf. Citation as a Sign; General Considerations; Part II Godfathers of Semiotics; Chapter 3 Peirce and Legal Semiotics; Peirce Elucidates Legal Language; Peirce's Philosophical Texts
    Description / Table of Contents: From Philosophy to Semiotics to LawReading Peirce; Why Lawyers Read Peirce; Peirce Foundational for Law; The General and the Particular; Chapter 4 Greimas, Law, Discourse and Interpretative Squares: The Precursor De Saussure; The Precursor: De Saussure; The Language Circuit in Operation; The Arbitrary Character of a Sign; Differences and Other Relations; Chapter 5 Greimas, Law, Discourse and InterpretativeSquares: An Author, his Squares and LegalDiscourse Analysis; Squares and Discourse Analysis; Law and Greimas Squares; Semiotic Constraints; The Structure of Semiotic Systems
    Description / Table of Contents: Series of SquaresA Legal Discourse Semiotically Analyzed; Law as a Text; Greimas and Peirce; Chapter 6 Lacan: The Semiotics of Law's Voices; The `délire à deux': a Challenge to Lawyers; An Appeal to Language; Narcissus' Ego and Me; Das Ich muß entwickelt werden; The Ethics of Signifying; Language - Identity - Reference; Master Signifiers, Master Discourses; Chapter 7 Those Three Godfathers, After All; Godfathers and the Law; Law's Order, Semiotic Path; Meaning Making; Part III Jurisprudence and Legal Semiotics; Chapter 8 Legal Theory and Semiotics: On The Origins of Legal Semiotics
    Description / Table of Contents: Semiotics and SignificsJacob Israel de Haan; Legal Significs; Language; Discourse Levels; Significs and Jurisprudence; Chapter 9 Legal Theory and Semiotics: Semiotics, Theory and Practice of Law; Semiotics and Legal Theory; Semiotics and Legal Interpretation; Two Legal Semiotic Traditions; Semiotics and Legal Practices; Faces in Legal Relations; Names; Faces Function Linguistically; Faces of Justice; Application, Analysis/Assemblage, Engineering; The Critical Approach; The CLS themes; Chapter 10 Legal Theory and Semiotics: The Legal Semiotics Critical Approach
    Description / Table of Contents: The Critical Approach and Semiotic PerspectivesPolitics and the Semiotic Approach; A Lawyer's Words and their Meaning; Chapter 11 Politics, Semiotics and Law: Self and State; Self and State, State and Self; Self and Harmony; Kant and the Semiotics of the Self; The Semiotics of the Magnus Homo I: Figures, Images; The Semiotics of the Magnus Homo II: Legal Language; The Semiotics of the State; Individual, State, and the Semiotics of Anarchy; Individual, State, and Personhood; Chapter 12 Politics, Semiotics and Law: Person and Thing; Persons and Things; Citizens United Unveiled
    Description / Table of Contents: Facts in/of Citizens United
    Description / Table of Contents: Contents -- Preface -- Part I Face-To-Face With Legal Semiotics -- 1.Semiotics: A Fresh  Start For Law -- 2.Signs, and Signs in Law -- Part II Godfathers of Semiotics -- 3. Peirce and Legal Semiotics -- 4. Greimas, Law, Discourse and Interpretative Squares -- 5.Lacan: The Semiotics of Law's Voices. - 6.Those Three Godfathers, After All -- Part III   Jurisprudence and Legal Semiotics -- 7. Legal Theory And Semiotics -- 8.  Politics, Semiotics and Law -- 9. Structuralism and Legal Semiotics -- Part IV   Doing and Saying Legal Semiotics -- 10. The Legal Semiotic Modus Operandi -- 11. Artificiality and Naturalness: The Tyche Deity -- 12. A Vocabulary -- 13.  A Bibliography -- 14. Name Index -- 15. Subject Index.​.
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-5458-4
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  • 29
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    Australia's Children's Courts Today and Tomorrow (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400759282
    Language: English
    Pages: Online-Ressource (X, 216 p. 1 illus, digital)
    Series Statement: Children’s Well-Being: Indicators and Research 7
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Australia's children's courts today and tomorrow
    RVK:
    PU 9800
    Keywords: Public law ; Criminology ; Social work ; Psychic research ; Law ; Law ; Public law ; Criminology ; Social work ; Psychic research ; Aufsatzsammlung ; Australien ; Kinderkriminalität ; Jugendgerichtsbarkeit ; Australien ; Kinderkriminalität ; Jugendgerichtsbarkeit
    Abstract: The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect.Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court
    Description / Table of Contents: Introduction - Allan Borowski and Rosemary Sheehan -- Part One: the mandate of the Children’s Court -- 2 The Children’s Court in the Australian Capital Territory - Peter Camilleri and Morag McArthur,- 3 The Children’s Court in New South Wales - Elizabeth Fernandez, Jane Bolitho and Dr Patricia Hansen -- 4 Youth Justice, Child Protection and the Role of the Youth Courts in the Northern Territory - Debora West and David Heath -- 5 The Children’s Court in Queensland - Claire Tilbury and Paul Mazerolle -- 6 The Children’s Court in South Australia - Paul Delfabbro and Andrew Day -- 7 The Children’s Court in Tasmania - Rob White and Max Travers and Michael McKinnon -- 8 The Children’s Court in Victoria - Allan Borowski and Rosemary Sheehan -- 9 Cultural Slippage, Resource Divide, Aboriginal Children and Multisystemic Reform - Mike Clare, Joe Clare, Brenda Clare, Caroline Spiranovic --  Part two: Australia in the international context -- 10 A Portrait of Australis's Children's Courts - Allan Borowski -- 11. Care and protection: Australia and the international context - Marie Connolly -- 12 Juvenile Justice: Australian Court responses situated in the international context - Judy Cashmore -- About the authors -- Index.
    DOI: 10.1007/978-94-007-5928-2
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  • 30
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    Legal Argumentation Theory: Cross-Disciplinary Perpectives (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400746701
    Language: English
    Pages: Online-Ressource (XII, 233 p. 7 illus, digital)
    Series Statement: Law and Philosophy Library 102
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druck-Ausgabe Legal argumentation theory
    Parallel Title: Buchausg. u.d.T. Legal argumentation theory
    RVK:
    PI 4130
    Keywords: Philosophy of law ; Computers Law and legislation ; Semantics ; Humanities ; Law ; Law ; Philosophy of law ; Computers Law and legislation ; Semantics ; Humanities ; Forensic orations ; Law ; Methodology ; Aufsatzsammlung ; Konferenzschrift ; Rechtsphilosophie ; Interdisziplinäre Forschung
    Abstract: This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
    Description / Table of Contents: Legal Argumentation Theory: Cross-Disciplinary Perspectives; Introduction; Contents; Chapter 1: Reasoning by Consequences: Applying Different Argumentation Structures to the Analysis of Consequentialist Reasoning in Judicial Decisions; 1.1 Introduction; 1.2 Theories on Consequentialist Reasoning; 1.2.1 MacCormick's Theory; 1.2.2 Wróblewski's Theory; 1.2.3 Feteris' Pragma-Dialectical Proposal; 1.3 Judges on Consequences; 1.4 Conclusions; References; Chapter 2: On the Argumentum ad Absurdum in Statutory Interpretation: Its Uses and Normative Significance; 2.1 Introduction
    Description / Table of Contents: 2.2 The Strictly Logical Sense of the Argumentum ad Absurdum2.3 The Argumentum ad Absurdum as a Special Case of Pragmatic Argument; 2.3.1 The Problem of the Indeterminacy of Pragmatic Arguments and the Distinctive Feature of the ad Absurdum Argument; 2.3.2 The Difference Between the Argumentum ad Absurdum and the Generic Consequentialist Arguments; 2.3.3 The Context of the ad Absurdum Argument; 2.3.4 The Foundation of the Argumentum ad Absurdum; 2.3.4.1 The Nature of the Assumption of the Rational Legislator
    Description / Table of Contents: 2.3.4.2 A Second Thought on the Nature of the ad Absurdum Argument: Absurdity as Unreasonableness2.3.4.3 On the Foundations of the ad Absurdum Argument and the Assumption of the Rational Legislator; 2.3.5 The Practical Requirements of the Pragmatic Version of the ad Absurdum Argument; 2.4 Final Considerations; References; Chapter 3: Why Precedent in Law (and Elsewhere) Is Not Totally (or Even Substantially) About Analogy; 3.1 Analogy as a Friend; 3.2 Precedent as a Foe; 3.3 On the Differences Between Analogy and Precedent; 3.4 Does Precedential Constraint Make Sense?
    Description / Table of Contents: 3.5 Towards a Research Program on PrecedentReferences; Chapter 4: Fallacies in Ad Hominem Arguments; 4.1 Introduction; 4.2 Definition of Argument Ad Hominem; 4.3 Ad Hominem Fallacies; 4.4 Talking About Errors as Fallacies; 4.5 Conclusions; References; Chapter 5: The Rule of Law and the Ideal of a Critical Discussion; 5.1 Introduction; 5.2 The Pragma-Dialectical Approach to Legal Argumentation; 5.2.1 Methodological Starting-Points; 5.2.2 Reasonableness and the Ideal Model of a Critical Discussion; 5.3 The Ideal of the Rule of Law; 5.4 Reconstructing Judicial Standpoints in Legal Decisions
    Description / Table of Contents: 5.4.1 Houtlosser Defines the Speech Act `Advancing a Standpoint' with the following conditions5.5 Conclusion; References; Chapter 6: Strategic Maneuvering with the Argumentative Role of Legal Principles in the Case of the "Unworthy Spouse"; 6.1 Introduction; 6.2 The Case of the `Unworthy Spouse'; 6.3 Dialectical Analysis of the Argumentation of the Supreme Court; 6.4 Dialectical Analysis of the Contributions to the Discussion of the Court of Appeal and the Supreme Court; 6.4.1 Dialectical Analysis of the Contributions of the Court of Appeal
    Description / Table of Contents: 6.4.2 Dialectical Analysis of the Contributions of the Supreme Court
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-4670-1
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  • 31
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    Climate Change and the Law (2013)
    Dordrecht : Springer
    Details
    ISBN: 9789400754409
    Language: English
    Pages: Online-Ressource (XXI, 693 p. 4 illus., 1 illus. in color, digital)
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 21
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buch-Ausgabe Climate change and the law
    RVK:
    PR 2359
    RVK:
    QR 536
    Keywords: Renewable energy sources ; Climatic changes ; Economics ; Law ; Law ; Renewable energy sources ; Climatic changes ; Economics ; Climatic changes ; Law and legislation ; Aufsatzsammlung ; Klimaänderung ; Internationales Umweltrecht
    Abstract: Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives.In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law.Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”
    Description / Table of Contents: Climate Change and the Law; Foreword; Preface; Contents; Contributors; Abbreviations; Chapter 1: Introduction: Climate Change and the Law; 1.1 Exploring the Relationship Between Climate Change and the Law; 1.2 Structure and Organization; Part I: Climate Law as an Emerging Discipline; Chapter 2: Implementing Climate Governance: Instrument Choice and Interaction; 2.1 Introduction; 2.2 Exploring the Boundaries of Domestic Climate Law; 2.2.1 Instrument Choice at the Domestic Level; 2.2.2 Instrument Interactions at the Domestic Level
    Description / Table of Contents: 2.2.2.1 Internal and External Conflicts - An Analytical Framework2.2.3 Coherence by Design: Envisioning a Domestic Climate Management Regime; 2.2.3.1 The Legal Context - Identifying a Mandate; 2.2.3.2 Integrated Greenhouse Gas Management - Clinching the Objective; 2.3 Instrument Choice at the International Level; Chapter 3: Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends; 3.1 Introduction; 3.2 Mapping the Landscape of Climate Change Law; 3.2.1 Role of the UNFCCC; 3.2.2 Regulation of the CDM: Multiple Layers, Diverse Actors and Deformalization
    Description / Table of Contents: 3.3 Climate Law: Interactions Between Sources of Legal Authority3.3.1 Background: Globalization and Law; 3.3.2 Climate Law and Interaction Between Different Sources of Legal Authority; 3.3.2.1 Vertical Interaction: International and National Law; 3.3.2.2 Vertical Interaction: Sub-national Initiatives; 3.3.2.3 Interaction Between National Jurisdictions; 3.4 Climate Law: Non-state Actors and Deformalization; 3.4.1 Public-Private Partnerships and Other Hybrid Initiatives; 3.4.2 Private Sector Engagement and Voluntary Regulatory Initiatives; 3.4.3 Non-state Actors and Climate Law Research
    Description / Table of Contents: 3.5 ConclusionsChapter 4: Climate Change and Justice: Perspectives of Legal Theory; 4.1 Theoretical Background: Ethical and Legal Considerations; 4.2 Human Rights: Only Subordinate and Vague "Duties of Protection" with Regard to Sustainability? The Traditional Legal Point of View in Europe and Germany; 4.3 Intergenerational and Global Scope of Human Rights, Protecting the Conditions of Freedom, and Multipolarity of Freedom; 4.4 The Case of Climate Change; 4.5 The Problem of Historical Emissions; 4.6 On the Path to a Justice-Based Framework for Global Climate Governance
    Description / Table of Contents: Part II: International Climate Law - Architecture and InstitutionsChapter 5: Foundations of International Climate Law: Objectives, Principles and Methods; 5.1 Introduction; 5.2 Objective of the Climate Change Regime; 5.2.1 Mitigation Objectives; 5.2.2 Adaptation Objectives; 5.3 Principles of the Climate Change Regime; 5.3.1 State Sovereignty and Responsibility; 5.3.2 Principle of Preventative Action; 5.3.3 Principle of Cooperation; 5.3.4 The Concept of Sustainable Development; 5.3.5 The Precautionary Principle; 5.3.6 The Polluter Pays Principle
    Description / Table of Contents: 5.3.7 The Principle of Common But Differentiated Responsibility
    Description / Table of Contents: Table of Contents -- Contributors -- Abbreviations -- 1. Introduction: Climate Change and the Law; Erkki J. Hollo, Kati Kulovesi and Michael Mehling -- Part I: Climate Law as an Emerging Discipline -- 2. Implementing Climate Law: Instrument Choice and Interaction; Michael Mehling -- 3. Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends; Kati Kulovesi -- 4. Climate Change and Justice: Perspectives of Legal Theory; Felix Ekardt -- Part II: International Climate Law -- Section I: Architecture and Institutions -- 5. Foundations of International Climate Law: Objectives, Principles and Methods; Rowena Maguire -- 6. Alternative Venues of Climate Cooperation: An Institutional Perspective; Camilla Bausch and Michael Mehling -- 7. Analyzing Soft Law and Hard Law in Climate Change; Antto Vihma -- 8. Compliance and Enforcement in the Climate Change Regime; Meinhard Doelle -- Section II: Cross-Cutting Issues -- 9. The New Framework for Climate Finance under the United Nations Framework Convention on Climate Change: A Breakthrough or an Empty Promise?; Yulia Yamineva and Kati Kulovesi -- 10. Climate Justice: The Clean Development Mechanism as a Case Study; Tomilola Eni-ibukun -- 11. Legal Aspects of Climate Change Adaptation; Jonathan Verschuuren -- 12. Climate Change and Human Rights; Timo Koivurova, Sébastien Duyck and Leena Heinämäki -- Section III: Sectoral Issues -- 13.  Managing the Fragmentation of International Climate Law; Harro van Asselt -- 14. No Need to Reinvent the Wheel for a Human Rights-Based Approach to Tackling Climate Change: The Contribution of International Biodiversity Law; Elisa Morgera -- 15. The Role of REDD in the Harmonization of Overlapping International Obligations; Annalisa Savaresi -- 16. Climate Change and Trade: At the Intersection of Two International Legal Regimes; Kati Kulovesi -- 17. Climate Law and Geoengineering; Ralph Bodle -- Part III: Comparative Climate Law -- 18. Climate Law in the United States: Facing Structural and Procedural Barriers; Michael Mehling and David Frenkil -- 19. Canada and the Kyoto Protocol: An Aesop Fable; Jane Matthews Glenn and Jose Otero -- 20. Climate Law in the European Union: Accidental Success or Deliberate Leadership?; Michael Mehling and Kati Kulovesi -- 21. Climate Law in Germany; Felix Ekardt -- 22. Climate Law in the United Kingdom; Colin T. Reid -- 23. Climate Law and Policy in Russia: A Peasant Needs Thunder to Cross Himself and Wonder; Yulia Yamineva -- 24. Australia: From ‘No Regrets’ to A Clean Energy Future?; Sharon Mascher and David Hodgkinson -- 25. Climate Law and Policy in Japan; Hitomi Kimura -- 26. Sustainable Development and Climate Policy and Law in China; Christopher Tung -- 27. India’s Evolving Climate Change Strategy; Namrata Patodia Rastogi -- 28. Climate Change Responses in South Africa; Ed Couzens and Michael Kidd -- 29. Climate Change Policy and Legislation in Brazil; Haroldo Machado Filho -- 30. Climate Law in Latin American Countries; Soledad Aguilar and Eugenia Recio..
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-5440-9
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    Law and Regulation of Commercial Mining of Minerals in Outer Space (2012)
    Dordrecht : Springer Netherlands
    Details
    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:
    PR 2206
    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
    DOI: 10.1007/978-94-007-2039-8
    URL: Volltext
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    Perspectives on Human Suffering (2012)
    Dordrecht : Springer Netherlands
    Details
    ISBN: 9789400727953
    Language: English
    Pages: Online-Ressource (XVI, 365p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Perspectives on Human Suffering
    RVK:
    BM 9280
    Keywords: Philosophy (General) ; Medicine ; medicine Philosophy ; Quality of Life ; Law ; Quality of Life Research ; Philosophy ; Philosophy (General) ; Medicine ; medicine Philosophy ; Quality of Life ; Law ; Quality of Life Research
    Abstract: Norelle Lickiss
    Abstract: This volume brings together a range of interdisciplinary perspectives on a topic of central importance, but which has otherwise tended to be approached from within just one or another disciplinary framework. Most of the essays contained here incorporate some degree of interdisciplinarity in their own approach, but the volume nevertheless divides into three main sections: Philosophical considerations; Humanities approaches; Legal, medical, and therapeutic contexts. The volume includes essays by philosophers, medical practitioners and researchers, historians, lawyers, literary, Classical, and Judaic scholars. The essays are united by a common concern with the question of the human character of suffering, and the demands that suffering, and the recognition of suffering, make upon us.
    Description / Table of Contents: Foreword; Acknowledgements; Contents; Notes on Contributors; Chapter-1; Introduction: Human Suffering; Bibliography; Part I; Philosophical Considerations; Chapter-2; Suffering, Compassion, and the Possibility of a Humane Politics; Suffering and Temporality; Suffering and the Singularity of the Person; Suffering and a Humane Politics; Bibliography; Chapter-3; Pathei Mathos: The Political-Cognitive Value of Suffering; Principle of Reality and Principle of Coercion; Nietzsche: Between Forgetfulness and the apologia of Suffering; At the Origin of Suffering: The Pain of Misrecognition
    Description / Table of Contents: BibliographyChapter-4; Economies of Suffering: Kierkegaard and Levinas; Introduction; Useful Suffering; Useless Suffering; Conclusion; Bibliography; Chapter-5; The Other Thing About Suffering; Bibliography; Chapter-6; 'Giving the World a More Human Face'-Human Suffering in African Thought and Philosophy; Introduction: A History of Suffering-First from Without, Then from Within; Sub-Saharan Understandings of Suffering; Sub-Saharan Ethical Approaches Toward Suffering; Conclusion; Bibliography; Chapter-7; Suffering as Substantive and Subjective: Slavoj Žižek, Hannah Arendt and the Body's Pain
    Description / Table of Contents: Parallax, Fetishism and the Disavowal of Suffering-Can We Do Justice to Suffering Without a Notion of Substance?Suffering, the Changing Demography, and Literature's Transformation of Consciousness; Bibliography; Chapter-8; Suffering and Forgiveness: An Heroic Journey; Arendt and the Unforgivable; Romantic and Magical Forgiveness; A Hero's Journey; How to Forgive; Bibliography; Part II; Humanities Approaches; Chapter-9; The Suffering of Job: He is Every Person and No-One; The Theological Question; The Narrative; Job as the Man We Know; The Dilemma of Job; The Unfathomable Nature of God
    Description / Table of Contents: The Suffering Inherent in CreationDisinterested Piety; God's Justice is Beyond Our Justice; We Are Still Responsible; Bibliography; Chapter-10; The Meaning and the Experience of Suffering: A Historian's Perspective; Bibliography; Chapter-11; Jewish Responses to Suffering; Introduction; Rabbinical Literature; Early Rabbinical Responses to Suffering; Theodicy-One Dilemma? or Two?; Suffering in the Babylonian Talmud; Conclusion; Bibliography; Chapter 12; Suffering and Ancient Therapy: Plato to Cicero; Greco-Roman Conceptions of Suffering; Common Philosophical Assumptions
    Description / Table of Contents: Poetic Alleviation of SufferingPathos and Emotion; Form and Content of the Tusculan Disputations; Conclusion: Therapeutic Method in the Tusculans; Bibliography; Chapter-13; Ancient Greek Responses to Suffering: Thinking with Philoctetes; Bibliography; Chapter-14; Historicizing Suffering; Bibliography; Chapter-15; The Politics of Suffering: Aboriginal Health in Contemporary Australia; The Disease of Politicisation; Disease and Conquest; Crowded House; Brief Interventions; Blaming the Victim?; Bibliography; Part III; Legal, Medical and Therapeutic Contexts; Chapter-16
    Description / Table of Contents: Some Aspects of Human Suffering and the Criminal Law
    Note: Description based upon print version of record
    DOI: 10.1007/978-94-007-2795-3
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    Encyclopedia of Global Justice (2011)
    Dordrecht : Springer Netherlands
    Details
    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:
    PR 2150
    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
    DOI: 10.1007/978-1-4020-9160-5
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  • 35
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    The EU Charter of Fundamental Rights : From Declaration to Binding Instrument (2011)
    Dordrecht : Springer Netherlands
    Details
    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:
    PS 3854
    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.
    DOI: 10.1007/978-94-007-0156-4
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    Concepts in Law (2009)
    Dordrecht : Springer Netherlands
    Details
    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:
    PI 3000
    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
    DOI: 10.1007/978-90-481-2982-9
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    On Law and Reason (2009)
    Dordrecht : Springer Netherlands
    Details
    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:
    PI 2260
    RVK:
    PI 3020
    Keywords: Genetic epistemology ; Logic ; Ontology ; Philosophy of law ; Law ; Rechtstheorie
    DOI: 10.1007/978-1-4020-8730-1
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  • 38
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    Reinventing Data Protection? (2009)
    Dordrecht : Springer Netherlands
    Details
    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:
    PZ 4800
    RVK:
    ST 277
    Keywords: Public law ; Humanities ; Political science ; Law ; Konferenzschrift 2007 ; Datenschutz
    DOI: 10.1007/978-1-4020-9498-9
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    URL: Cover
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  • 39
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    Law as Symbolic Form : Ernst Cassirer and the anthropocentric view of law (2007)
    Dordrecht : Springer | [Berlin : Springer
    Details
    ISBN: 9781402062568
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 82
    Parallel Title: Druckausg. Coskun, Deniz Law as symbolic form
    DDC: 340
    RVK:
    PC 5230
    Keywords: Law Philosophy ; Philosophy of law ; Law ; Political science ; Humanities ; Cassirer, Ernst 1874-1945 ; Rechtsphilosophie
    Abstract: This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
    Abstract: Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and both direct their claims differently on the individual. Whereas ethics concerns the motives of the individual, law ultimately achieves a cosmos for our world of outward actions. However, they are not separated by a neutral line or a vacuum. For law to have effect as a symbolic form it is necessary that it reflects the law in the mind of people i.e., that one could and ought to have assented to it out of ethical principles and maxims. The conceptual analysis of law goes hand to hand with its genetic account. Both ethics and law are products of, spring forth from the formative or symbolic powers of man, and although, as any other symbolism, they might confront us as something objective, i.e., as part of reality that is beyond our immediate reach, ultimately we must always bring them to account to their very source: our independent and individual moral judgment. In this book we describe the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force.
    Description / Table of Contents: Front Matter; Cassirer's Public Engagement with Weimar; Cassirer And Heidegger. An Intermezzo on Magic Mountain; Cassirer In Exile An Essay On The Recovery Of Individual Moral Judgement; The Politics Of Myth. Cassirer's Pathology Of The Totalitarian State; The Philosophy Of Symbolic Forms; Cassirer's Position In Relation To Neo-Kantianism?; Law As A Symbolic Form; The Linguistic Turn Of Social Contract Theory; Cassirer's Position In Relation To Neo-Kantian Jurisprudence; Back Matter
    Note: Includes bibliographical references (p. 339-378) and index , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/978-1-4020-6256-8
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    On The Interpretation of Treaties : The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties (2007)
    Dordrecht : Springer
    Details
    ISBN: 9781402063626
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 83
    Parallel Title: Druckausg. Linderfalk, Ulf, 1964 - On the interpretation of treaties
    DDC: 340
    RVK:
    PR 2207
    Keywords: Law ; Law Philosophy ; Comparative law ; Public law ; Comparative law ; European Law/Public International Law ; General Law/Fundamentals ; International & Foreign Law/Comparative Law ; Law Theory/Law Philosophy ; Law Philosophy ; Law ; Public law ; Völkerrechtlicher Vertrag ; Auslegung ; Convention de Vienne sur le droit des traités : 1969
    Abstract: This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
    Abstract: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended. Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision, and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules. This book investigates the contents and structure of this system. By importing knowledge from linguistics, and pragmatics in particular, a model is established giving representation to the concept of a rule of interpretation. Drawing on this model, the book then proceeds to reconstruct the contents of the various rules of interpretation. To facilitate reference, the conclusions suggest a list of 44 rules, all of which can be invoked by appliers citing VCLT Articles 31-33.
    Description / Table of Contents: Front Matter; Introduction; The Rule Of Interpretation; Using Conventional Language ("The Ordinary Meaning"); Using the Context: The "Text" of a Treaty; Using the Context: The Elements Set Out in VCLT Article 31 2(A) AND (B); Using The Context: The Elements Set Out in VCLT Article 31 3; Using the Object and Purpose; Using the Supplementary Means of Interpretation; Using Supplementary Means of Interpretation (Cont'd); The Relationships Between Different Means of Interpretation; The Special Rule Regarding the Interpretation of Treaties Authenticated In Two Or More Languages
    Description / Table of Contents: Reflecting on the Outcome: International Law on a Scale Between Radical Legal Skepticism And The One-Right-Answer ThesisBack Matter
    Note: Includes bibliographical references (p. 397-408) and index , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/978-1-4020-6362-6
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    Theory of Legal Principles (2007)
    Dordrecht : Springer
    Details
    ISBN: 9781402058790
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 81
    DDC: 342
    RVK:
    PI 2770
    Keywords: Law ; Law Philosophy ; Constitutional law ; Rechtsphilosophie ; Rechtsnorm ; Rechtstheorie
    Abstract: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
    Abstract: This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. The first object of investigation is the phenomenon of interpretation in Law in order to understand that the classification of certain normative species as either principles or rules depends in the first place on axiological connections that are not ready prior to the interpretation process that unveils them. Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order. Thirdly, the conditions for the application of principles and rules are examined, which are the normative applicative postulates. It will be shown, on one hand, that principles not only explicit values, but also set forth precise species of behaviors, though indirectly, on the other hand, the creation of conducts by rules is also to be weighed, even though the behavior set forth in advance may be overcome, depending on the accomplishment of a few requirements. That will surpass both the mere praise of values, which does not create behaviors, and the automatic application of rules. A model is proposed to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument, through the analytical reconstruction of the concrete use of normative postulates, especially those of reasonableness and proportionality. All of that is done with a focus on the ability of intersubjective control of the argumentation, which often degenerates into capricious decisionism.
    Description / Table of Contents: Front Matter; First Considerations; Norms: Principles and Rules; Metanorms: Normative Postulates; Conclusions; Back Matter
    Note: Includes bibliographical references (p. 137-142) and indexes , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/978-1-4020-5879-0
    URL: Volltext  (lizenzpflichtig)
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  • 42
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    Disability in Islamic Law (2007)
    Dordrecht : Springer
    Details
    ISBN: 9781402050527
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: International Library of Ethics, Law, and the New Medicine 32
    DDC: 340.59
    RVK:
    PU 9300
    Keywords: Law ; Ethics ; Religion (General) ; Islam ; Behindertenrecht
    Abstract: Analyzes attitudes to people with various disabilities based on Muslim jurists' works (fiqh) in the Middle Ages and the modern era. This book focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them, as well as how the law envisions their participation in religious, social, and communal life
    Description / Table of Contents: People with disabilities and the performance of religious duties; People with disabilities and jihad; People with disabilities and marriage; The Khuntha; Disabilities caused by humans: Intentional and unintentional injuries
    Note: Includes bibliographical references ( p.155-162) and indexes , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-5052-6
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  • 43
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    The Politics of Adoption : International Perspectives on Law, Policy & Practice (2006)
    Dordrecht : Springer
    Details
    ISBN: 9781402041549
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    DDC: 362.734
    RVK:
    PU 1534
    Keywords: Law ; Philosophy of Law ; Social Policy ; Social Work ; Public law
    Abstract: "The Politics of Adoption identifies and analyses the fundamental social and legal functions of adoption. It is a timely publication as across the world adoption law reform is now giving rise to contentious issues. The change process underway in England and Wales offers an opportunity and a perspective to explore areas of commonality and difference in the experience of other nations. It also provides a window through which to examine the presumption that within and between cultures there exists a common understanding of what is meant by adoption. This book offers a comparative analysis of developments in the law, policy and practice of adoption in England and Wales, the US, Australia and Ireland. It explores the global phenomenon of intercountry adoption. The impact of the European Convention and other international legal instruments are assessed and the resulting implications for the future of adoption are considered. It suggests that the more 'open' experience of adoption in indigenous communities such as the Maori of New Zealand, the Aboriginal people of Australia and the Inuit of Canada challenges some of the basic assumptions underpinning adoption law in modern western nations. ""This is an excellent publication for those wanting to get an international perspective on the politics of adoption. It is authoritative and greatly informative."" Professor John Triseliotis ""Kerry O'Halloran's Politics of Adoption provides a comprehensive and thoughtful overview of adoption law, both domestic and international, in the common law world. It is an invaluable resource not only for practitioners and scholars but for anyone interested in acquiring an in depth understanding of adoption in all its forms and complexity."" Barbara Bennett Woodhouse, David H. Levin Chair in Family Law, Director, Center on Children and Families Fredric G. Levin College of Law Co-Director, Institute for Child and Adolescent Research and Evaluation (ICARE) Gainesville, Florida."
    Description / Table of Contents: Preliminaries; CONTENTS; Introduction; 1 Adoption Concept Principles and Social Construct; 2 The Changing Face of Adoption in the United Kingdom; 3 The Legal Functions of Adoption; 4 International Benchmarks for Modern Adoption Law; 5 The Adoption Process in England & Wales: The Adoption and Children Act 2002; 6 The Adoption Process in Ireland; 7 The Adoption Process in the US; 8 The Adoption Process in Australia; 9 Intercountry Adoption; 10 Intraculture Adoption; Conclusions; Index
    Note: Includes bibliographical references and index , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-4154-3
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  • 44
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    Recordkeeping, Ethics and Law : Regulatory Models, Participant Relationships and Rights and Responsibilities in the Online World (2006)
    Dordrecht : Springer
    Details
    ISBN: 9781402047145
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: The archivist's library 4
    DDC: 651.5
    RVK:
    PZ 3800
    Keywords: Dokumentation ; Betriebliche Dokumentation ; Elektronische Archivierung ; Datenschutz ; Datensicherheit ; IT-Recht ; Informationsfreiheit ; Law ; Ethics ; Information systems ; Computers Law and legislation ; Regional planning ; Internet ; Dokumentation ; Recht ; Ethik ; Regulierung
    Abstract: This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. It also provides a unique approach to property, access, privacy and evidence for online records.
    Abstract: Distributed networks such as the Internet have altered the fundamental way a record is created, captured, accessed and managed over time. Law and ethics provide the major sources of regulatory controls over participants in such networks. This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet environment. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. Medical, business and governmental relationships within communities of common interest based on trust illustrate the practical application of the model. As legal relationships have their basis in the law of obligations found in common and civil law systems, as well as archival science, the model has a broad-based application. The relationship model also provides a unique ethical and legal approach to property, access, privacy and evidence. Most importantly, the book provides an interdisciplinary approach to Internet regulation, which contributes to closer ties between those who research, teach and work in fields of ethics, law and archival science.
    Description / Table of Contents: The recordkeeping-ethics-law nexus and recordkeeping regulatory models; Identity, trust, evidence and the recordkeeping nexus; Legal and social relationships and the recordkeeping nexus; Recordkeeping participants: legal and ethical responsibilities; Property, privacy, access and evidence as legal and social relationships; Legal and social relationships as regulatory mechanisms; Recordkeeping regulatory models in the web environment; Legal and social relationships: an alternative Internet regulatory model
    Note: Expanded version of the author's thesis (doctoral - Melbourne) under the title: Ethical-legal frameworks for recordkeeping , Includes bibliographical references (p. 305-328) and index , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-4714-2
    URL: Volltext  (lizenzpflichtig)
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  • 45
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    Group Rights as Human Rights (2006)
    Dordrecht : Springer
    Details
    ISBN: 9781402042096
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 75
    RVK:
    PK 280
    Keywords: Law ; Public Law ; Law Philosophy ; Political science Philosophy ; Hochschulschrift ; Nationale Minderheit ; Minderheitenrecht ; Multikulturelle Gesellschaft ; Gruppe ; Recht ; Menschenrecht ; Multikulturelle Gesellschaft
    Abstract: "Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between ""individual"" human rights and ""collective"" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality, on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person's need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups, and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise."
    Description / Table of Contents: Cultural Minorities and Group Rights: Contested Concepts; Towards an Alternative Notion of Group Rights; Understanding Multiculturalism: Which Groups Qualify; Tolerance, Neutrality and Group Rights; On the Relevance of Cultural Belonging: Group Rights as Instrumental Rights and as Fundamental Rights; Multiculturalism, Ethnic Minorities and the Limits of Cultural Diversity
    Note: Includes bibliographical references (p. 251-263) , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-4209-4
    URL: Volltext  (lizenzpflichtig)
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  • 46
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    Spreading Democracy and the Rule of Law? : The Impact of EU Enlargement on the Rule of Law, Democracy and Constitutionalism in Post-Communist Legal Orders (2006)
    Dordrecht : Springer
    Details
    ISBN: 9781402038426
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    DDC: 341.2422
    RVK:
    PS 3852
    Keywords: Law ; Philosophy of Law ; Political Science ; Comparative law ; Public law ; Political science ; Aufsatzsammlung ; Osteuropa ; Europäische Union ; Demokratisierung ; Erweiterung ; Politischer Wandel ; Europäische Union ; Erweiterung ; Osteuropa ; Ostmitteleuropa ; Südosteuropa ; Demokratisierung ; Rechtsstaatsprinzip ; Konstitutionalismus
    Abstract: "The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the ""external force"" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?"
    Description / Table of Contents: Introduction; EU Enlargement and Democracy in New Member States; The Eastern EU Enlargement and the Janus-headed Nature of the Constitutional Treaty; A Problem of their Own, Solutions of their Own: CEE Jurisdictions and the Problems of Lustration and Retroactivity; Citizens and Foreigners in the Enlarged Europe; Sub-National Governance in Central and Eastern Europe: Between Transition and Europeanization; The Copenhagen Criteria and the Evolution of Popular Consent to EU Norms: From Legality to Normative Justifiability in Poland and the Czech Republic
    Description / Table of Contents: Becoming "Europeans": The Impact of EU "Constitutionalism" on Post-Communist Pre-ModernityHappy Returns to Europe? The Union's Identity, Constitution-Making, and its Impact on the Central European Accession States; An Evolutionary Approach to the Constitutionalism of an Enlarged EU: Why will Cognitive and Cultural Boundaries Matter?; Constitutional Tolerance and EU Enlargement: The Politics of Dissent?; Europeanization Through Judicial Activism? The Hungarian Constitutional Court's Legitimacy and the "Return to Europe"
    Description / Table of Contents: Barbarians ante portas or the Post-Communist Rule of Law in Post-Democratic European UnionTransformation and Integration of Legal Cultures and Discourses-Poland; EU Enlargement and the Constitutional Principle of Judicial Independence; Post-Communist Legal Orders and the Roma: Some Implications for EU Enlargement; A Europe of Variable Geometry: Still a Winning Model?; Conclusions: The Adhesion of New Member States to the European Union and the European Constitution
    Note: Includes bibliographical references , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-3842-9
    URL: Volltext  (lizenzpflichtig)
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  • 47
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    Methods of legal reasoning (2006)
    Dordrecht : Springer
    Details
    ISBN: 9781402049392
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and philosophy library v. 78
    DDC: 340.11
    RVK:
    PI 3050
    Keywords: Law ; Logic ; Philosophy of Law ; Social sciences Philosophy ; Law Philosophy ; Rechtstheorie
    Abstract: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
    Abstract: Attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. This book contains essays that seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law
    Description / Table of Contents: Controversy over Legal Method in the Nineteenth and Twentieth Centuries; Logic; Analysis; Argumentation; Hermeneutics; Methods of Legal Reasoning from a Postmodern Perspective
    Note: Revised and enlarged ed. of Metody Prawnicze, published in Polish. Kracow : Zakamyze Pub., 2004 , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-4939-0
    URL: Volltext  (lizenzpflichtig)
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  • 48
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    Knowledge Discovery from Legal Databases (2005)
    Dordrecht : Springer
    Details
    ISBN: 9781402030376
    Language: English
    Pages: Online-Ressource , v.: digital
    Edition: Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
    Series Statement: Law and Philosophy Library 69
    RVK:
    PC 5720
    Keywords: Law ; Artificial intelligence ; Law Philosophy ; Humanities ; Datenbank ; Urheberrecht ; Gesetzgebung ; Datenbank ; Urheberrecht ; Gesetzgebung
    Abstract: Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit. Issues such as the selection of commonplace cases, the use of discretion as a form
    Abstract: "Knowledge Discovery from Legal Databases" is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit. Issues such as the selection of commonplace cases, the use of discretion as a form of open texture, transformation using argumentation concepts and evaluation and deployment approaches are discussed at length.
    Description / Table of Contents: Introduction; Legal Issues in the Data Selection Phase; Legal Issues in the Data Pre-Processing Phase; Legal Issues in the Data Transformation Phase; Data Mining with Rule Induction; Uncertain and Statistical Data Mining; Data Mining Using Neural Networks; Information Retrieval and Text Mining; Evaluation, Deployment and Related Issues; Conclusion
    Note: Includes bibliographical references (p. 227-254) and index , Electronic reproduction; Available via World Wide Web
    DOI: 10.1007/1-4020-3037-1
    URL: Volltext  (lizenzpflichtig)
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