Private and commercial law in a European and global context

Private and commercial law in a European and global context PDF Book Detail Author: Klaus Peter Berger
Publisher: Walter de Gruyter
ISBN: 9783899492422
Category : Law
Languages : de
Pages : 1337

Book Description
Mit dieser Festschrift wird ein Rechtswissenschaftler ersten Ranges geehrt. Er zeichnet sich durch die enorme Bandbreite seiner wissenschaftlichen Interessen und Aktivitäten ebenso aus wie durch seine Mittlerrolle zwischen rechtswissenschaftlicher Theorie und juristischer Praxis. Die in dieser Festschrift veröffentlichten Beiträge spiegeln die außergewöhnliche Bandbreite des Wirkens und des Werkes von Norbert Horn wider. Die Themen reichen vom allgemeinen Vertrags- und Bankprivatrecht über das Gesellschafts- und Unternehmensrecht bis hin zum Wirtschaftsverfassungsrecht und den geschichtlichen und theoretischen Zusammenhängen des Rechts.

Contending for law

Contending for law PDF Book Detail Author: Kirstin Bunge
Publisher: frommann-holzboog Verlag
ISBN: 3772826067
Category : Colonies
Languages : de
Pages : 375

Book Description

Kunst Recht 2017 Art Law 2017 Referate zur gleichnamigen Veranstaltung der Juristischen Fakult t der Universit t Basel vom 16 Juni 2017

Kunst   Recht 2017   Art   Law 2017   Referate zur gleichnamigen Veranstaltung der Juristischen Fakult  t der Universit  t Basel vom 16  Juni 2017 PDF Book Detail Author: Corinne Widmer Lüchinger
Publisher: Stämpfli Verlag
ISBN: 3727232439
Category : Law
Languages : de
Pages : 168

Book Description
Der vorliegende Tagungsband enthält die Referate der 8. Basler Kunstrechtstagung Kunst & Recht | Art & Law vom 16. Juni 2017. Der erste Teil befasst sich mit der Thematik der Erhaltung von Kulturgütern respektive der Bekämpfung derer Zerstörung in Kriegszeiten. Prof. Thomas Dreier beschliesst ihn mit einem hochaktuellen Thema, der Darlegung der anwendbaren Grundsätze für den Betrieb des Digitalen Museums. Der zweite Teil ist aktuellen Problemen des Sammelns und des Kunsthandelns gewidmet. Dr. Joëlle Becker erörtert die Problematik des Interessenkonflikts des Auktionshauses als Vermittler zwischen Einlieferer und Käufer. Dr. Yaniv Benhamou legt die Grundsätze dar für die Schöpfung der Posthumous Replication.

AS Law

AS Law PDF Book Detail Author: Andrew Mitchell
Publisher: Routledge
ISBN: 1134047630
Category : Law
Languages : en
Pages : 416

Book Description
Written for sixth form and college students, AS Law covers the content of AS Law for AQA and OCR students in a lively and reader-friendly style. Topics are broken down into manageable parts, with clear headings and are illustrated throughout with photographs, diagrams, boxes and illustrations. Each chapter includes: an introduction outlining learning objectives relating to the subject specifications 'developing the subject' sections explaining a particularly important or difficult point in more detail, designed to challenge more able students a list of useful websites enabling students to access primary law materials intended to support chapter-by-chapter reading 'it's a fact!' sections highlighting interesting and contemporary applications of the legal principle under discussion dedicated sections providing detailed examination of key cases, within the context of the chapter discussion hints and tips for revision topics and strategies helping students to prepare for the types of questions that are most likely to come up in exams. The book contains a wealth of opportunities to test and apply knowledge, with revision quizzes, quick tests and sample questions and answers within each chapter and there are additional opportunities for self-testing and revision available via the Companion Website. This third edition has been revised and updated to take into account the new 2008 AQA specifications and contains a new chapter on contract liabilities, as well as expanded material on sentencing and court procedures. It also addresses recent legal developments such as the establishment of the Ministry of Justice, changes in the legal profession and the constitution, and the reform of the House of Lords. AS Law provides a stimulating and exciting approach to the subject, profiling famous legal figures and examining law in films, fiction, non-fiction and on the internet whilst offering comprehensive coverage of the AQA and OCR subject specifications fulfilling all syllabus requirements.

International Law

International Law PDF Book Detail Author: Ademola Abass
Publisher: Oxford University Press, USA
ISBN: 019967907X
Category : Law
Languages : en
Pages : 759

Book Description
Includes bibliographical references and index.

Criminal Law

Criminal Law PDF Book Detail Author: Markus Dubber
Publisher: OUP Oxford
ISBN: 0191030678
Category : Law
Languages : en
Pages : 752

Book Description
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

The Principle of Loyalty in EU Law

The Principle of Loyalty in EU Law PDF Book Detail Author: Marcus Klamert
Publisher: Oxford University Press
ISBN: 0199683123
Category : Law
Languages : en
Pages : 327

Book Description
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

The Unity of the Common Law

The Unity of the Common Law PDF Book Detail Author: Alan Brudner
Publisher: OUP Oxford
ISBN: 0191002542
Category : Law
Languages : en
Pages : 340

Book Description
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.

Roman Law in European History

Roman Law in European History PDF Book Detail Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 1139427873
Category : History
Languages : en
Pages : 148

Book Description
This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.

Campaign Finance Law

Campaign Finance Law PDF Book Detail Author:
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages :

Book Description
A summary of state campaign finance laws with quick reference charts for the U.S. territories and possessions.

Retroactivity and the Common Law

Retroactivity and the Common Law PDF Book Detail Author: Ben Juratowitch
Publisher: Bloomsbury Publishing
ISBN: 1847314104
Category : Law
Languages : en
Pages : 270

Book Description
This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

Manual of Military Law

Manual of Military Law PDF Book Detail Author: Great Britain. War Office
Publisher:
ISBN:
Category : Military law
Languages : en
Pages : 1068

Book Description

EU Employment Law

EU Employment Law PDF Book Detail Author: Jeff Kenner
Publisher: Bloomsbury Publishing
ISBN: 1847312470
Category : Law
Languages : en
Pages : 648

Book Description
This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.

Institutional Supports for the International Rule of Law

Institutional Supports for the International Rule of Law PDF Book Detail Author: Charles Sampford
Publisher: Routledge
ISBN: 1317637534
Category : Political Science
Languages : en
Pages : 182

Book Description
The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law PDF Book Detail Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236910
Category : Law
Languages : en
Pages : 734

Book Description
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Sovereignty and the Law

Sovereignty and the Law PDF Book Detail Author: Richard Rawlings
Publisher: OUP Oxford
ISBN: 0191509442
Category : Law
Languages : en
Pages : 400

Book Description
The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.