Kooperativer Bibliotheksverbund

UID:

Format: viii, 752 Seiten

Edition: Second edition

ISBN: 9780198298380 , 9780198298373

Content: The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

Note: Literaturangaben , Hier auch später erschienene, unveränderte Nachdrucke , Appraising the UN Human Rights Regime , Part I: The Human Rights Mandate of the Principal Organs , The Security Council , The General Assembly , The Economic and Social Council , The International Court of Justice , Part II: Subsidiary Human Rights Organs , The Council and Commission on Human Rights , The Consultative Committee , The Commission on the Status of Women , The Permanent Forum on Indigenous Issues , Part III: Organs Monitoring Treaty Compliance , The Committee on the Elimination of Racial Discrimination , The Human Rights Committee , The Committee on the Elimination of Discrimination Against Women , The Committee on Economic, Social and Cultural Rights , The Committee against Torture , The Committee on the Rights of the Child , The Committee on the Rights of Persons with Disabilities , The Committee on Enforced Disappearances , The Committee on the Human Rights of Migrant Workers , Reform of the UN Human Rights Treaty Body system , Part IV The Governance of Human Rights , The Office of the High Commissioner for Human Rights , Human Rights Co-ordination within the UN System

Additional Edition: Erscheint auch als Online-Ausgabe The United Nations and human rights Oxford : Oxford University Press, 2020

Additional Edition: Erscheint auch als Online-Ausgabe The United Nations and human rights Oxford : Oxford University Press, 2020 ISBN 9780191544774

Language: English

Subjects: Political Science , Law

Keywords: Vereinte Nationen ; Menschenrecht ; Vereinte Nationen ; Organ ; Menschenrecht ; Durchsetzung ; Vereinte Nationen ; Menschenrecht ; Aufsatzsammlung

URL: Inhaltsverzeichnis

URL: Klappentext

UID:

Format: 1 Online-Ressource (183 Seiten)

ISBN: 9783030865375

Series Statement: The Future of Europe Series

Note: Description based on publisher supplied metadata and other sources , Intro -- Foreword -- Why This Book? -- Eyes Wide Shut-Solidarity Under Stress -- Strengthen European Solidarity in Action -- Contents -- About the Editors -- Part I: Member States -- Austria First? -- Belgium: Struggling with Solidarity -- Some Recommendations -- Bulgaria: Free-Riding on EU Solidarity -- What Can Be Done? -- Croatia: Solidarity Lost in Translation -- Economic Benefits of EU Membership -- From Not Enough Jobs to Too Few Workers -- What Could Be Done? Some Recommendations -- Cyprus' Quest for EU Solidarity: Juxtaposing Community Values with National Interest -- EU Solidarity Perceived in Cyprus -- Foreign Affairs -- Taming the Pandemic -- Tackling Immigration -- Contributing to EU Solidarity -- Flexible Solidarity and the Limits of Altruism in Czechia -- Solidarity as a Negative Notion -- Migration Crisis as the Watershed -- 'Solidarity Has Its Limits' -- Denied Solidarity -- Danish Frugal Solidarity -- It Starts with Old Ventilators -- Add Frugality -- Add Opt-Outs -- EU-Solidarity Is Not Necessarily a Plus-Word in Denmark -- Danes Are Also Dedicated Europeans -- The EU in EU Solidarity -- Estonia: Symbols of Solidarity or Traps of Interdependence? -- Disappointment in EU Solidarity -- Baltic Solidarity Bubble -- The EU Back on Track Again -- Challenges Are Not Over -- Finland: Cherry-Picking on Solidarity? -- EU Solidarity in the Field of Security -- National Responsibility in Economy -- National Responsibility as a Form of Solidarity? -- Reassess and Explain Finnish Approach to Solidarity -- France: Solidarity for Others and for Itself! -- Solidaire, We Stand -- Blind Spots in the French Pro-Solidarity Credo -- Germany: 'Together for Europe's Recovery'?-'Wir schaffen das!' -- Contested European Solidarity in Times of Migration Crisis: The Greek Case -- Solidarity in Theory and in the Practice of the EU. , Collapse of the Common European Asylum System -- Towards a Concrete Application of the Solidarity Principle -- European Solidarity? A View from a Renitent Hungary -- Limited External and Internal Solidarity -- Some Remarks on the 'Future of Europe' -- Recommendations -- Ireland: Dublin Benefits from and Contributes to European Solidarity -- Brexit -- COVID-19 -- Italy: The Straw That Breaks the Camel's Back? -- Latvia's Peripheralised Solidarity: Rise and Fall of the 'Baltic Bubble' during the COVID-19 Pandemic in 2020 -- Perceptions of European Solidarity in Lithuania-plus ça change, plus c'est la même chose? -- Money and -- Geopolitics -- United in Free Movement -- Persistence of National Narrative -- Liberty, Fraternity, Recovery-The Luxembourg Perspective -- Keep the Borders Open -- Share the Burden -- Generous Funding for Recovery -- Solidarity as the Small State Mantra for Malta's EU Membership -- The Attractiveness of Solidarity for a Small State -- Migration as the Main Failure of EU Solidarity -- The Persistent Problem of Solidarity à la carte -- Poland: From the Solidarity Movement to Non-reciprocal European Solidarity -- The Legacy of Solidarity -- Why Poland Expects to Receive Solidarity in the EU -- Europe after COVID-19-Solidarity Without Integration -- Conclusions-Poland in the EU of Tomorrow -- Gone with the Pandemic?-Portugal and EU Solidarity -- Romania Relies on the EU's Solidarity Budget to Overcome the Pandemic -- Unfair Competition on Essential Medical Supplies -- Citizens' Perceptions During the Pandemic -- More Solidarity Is on the Way -- The Extent of Solidarity-(Mis)interpretation in Slovakia -- Solidarity on the European and Slovak Political Agenda -- Slovak Perspective on Solidarity -- Solidarity Across Borders -- 'De Facto Solidarity' or a Common EU Value? The Post-Lisbon Perspective , Slovenia: Solidarity Sounds Right, But Can We See It? -- A One-Way Solidarity? -- Different Rights with Regard to Citizenship -- Make Solidarity Principle Better Known -- Spain's View of European Solidarity: A Pro-EU Attitude and a Self-Perception of Weakness -- Spaniards and Solidarity -- It Is Easier for a Pro-European Country to Support EU Solidarity -- If You Think You Are Weak, Calling for More EU Solidarity Is No Surprise -- Spain Is Not Always a Dedicated and Cooperative Member State -- Recommendations -- Sweden: COVID-19 Messing Up the Concept of Solidarity -- Financial Solidarity -- Other Types of Solidarity -- Altruistic or Self-Interested Solidarity -- Recommendations -- The Netherlands: Solidarity and Responsibility Are Two Sides of the Same Coin -- Solidarity as a Principle -- The COVID-19 Crisis -- The Multiannual Financial Framework and the Rule of Law -- Other Cases: Finances and Migration -- The Future of EU Cooperation: The Handling of Inequalities -- Concluding Remarks -- Part II: EU neighbours -- Is the EU Albania's Indispensable Ally Through Thick and Thin? -- EU-Albania Solidarity -- Rough Patches Ahead? -- Can the Coronavirus Defeat Ethno-Politics? Paradoxes of Solidarity and Politics in Bosnia and Herzegovina -- Georgia's Pandemic Response: Promoting European Integration Through the Lens of Solidarity -- European Solidarity out of Self-Interest: Iceland and Crisis Management in the EU -- Open or Closed Borders at the Height of the Pandemic? Closure of Borders -- Exports Ban -- Following the EU -- Recommendations -- Friends in Need Are Friends Indeed: How Kosovo Failed to Show Solidarity During COVID-19 Crisis -- Liechtenstein: Solidarity, Yes, but on my Terms -- Elements of Solidarity in the EEA -- Types of Solidarity -- Ambivalent Relationship with Europe -- Montenegro: Enlargement Solidarity, Hoping for the Best , What Can Be Done? Some Recommendations -- EU Solidarity in Action: The Curious Case of North Macedonia-Welcomed Amidst Quarantine! -- Lessons Learned and Challenges Ahead -- European Solidarity in a Time of Crisis: A Norwegian Perspective -- Solidarity in Times of Crisis -- Solidarity Through the EEA Funding Scheme -- European Solidarity-A Political Crisis or a Wake Up Call? -- Recommendations -- Serbia: Shared Loyalties Amidst the Pandemic -- Switzerland: Solidarity Taken Hostage -- Solidarity Clashes with Geopolitics in EU-Turkey Relations -- Initial Turkish Response: We Are Ok, They Are Not -- Solidarity Measures: Turkey's 'Corona Diplomacy' -- Recommendations -- United Kingdom: Brexit Meets European Solidarity -- What Did the British Want from Brexit? -- Long Live the Commission! -- EU-Ukraine: Towards a New Quality of Solidarity -- The Solidary Look from the Eastern Partnership 'Reservation' -- Solidarity in the Security Sector -- Several Joint Steps -- Correction to: Belgium: Struggling with Solidarity -- Correction to: Chapter 2 in: M. Kaeding et al. (eds.), European Solidarity in Action and the Future of Europe, The Future of E.

Additional Edition: Erscheint auch als Druck-Ausgabe Kaeding, Michael European Solidarity in Action and the Future of Europe Cham : Springer International Publishing AG,c2022 ISBN 9783030865368

Language: English

Subjects: Law

Keywords: Europäische Union ; Mitgliedsstaaten ; Europäische Integration ; Solidarität ; COVID-19 ; Pandemie ; Bekämpfung ; Internationaler Vergleich ; Geschichte ; Aufsatzsammlung ; Aufsatzsammlung

URL: lizenzpflichtig

URL: Cover

URL: Volltext  (URL des Erstveröffentlichers)

UID:

Format: VIII, 400 S.

ISBN: 0674454464

Series Statement: Harvard East Asian monographs 151

Content: Why did defeat in the Opium War not lead Ch'ing China to a more realistic appreciation of Western might and Chinese weakness? James Polachek's revisionist analysis exposes the behind-the-scenes political struggles that not only shaped foreign-policy decisions in the 1830s and 1840s but have continued to affect the history of Chinese nationalism in modern times. Polachek looks closely at the networks of literati and officials, self-consciously reminiscent of the late Ming era, that sought and gained the ear of the emperor. Challenging the conventional view that Lin Tse-hsu and his supporters were selfless patriots who acted in China's best interests, Polachek argues that, for reasons having more to do with their own domestic political agenda, these men advocated a futile policy of militant resistance to the West. Linking political intrigue, scholarly debates, and foreign affairs, local notables in Canton and literati lobbyists in Peking, this book sets the Opium War for the first time in its "inner," domestic political context.

Language: English

Subjects: History , Law

Keywords: Opiumkrieg ; Geschichte ; China ; Geschichte 1840-1842 ; Opiumkrieg ; Geschichte ; China ; Außenpolitik ; Geschichte 1835-1850 ; Schulprogramm

URL: Inhaltsverzeichnis

UID:

Format: xi, 230 S , Kt

ISBN: 9781137466648

Series Statement: Transformations of the state series

Content: "In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, Forum Shopping in International Disputes analyses why particular forums are selected in maritime boundary disputes. The act of forum shopping, it argues, is more than the identification of the forum most likely to award a favourable decision. Rather, other interests come into play, such as concerns about domestic standing and the wish to draw international attention to a case. In other words, the best forum in a given dispute is the one that conforms most closely to a government's overarching policy. This book is especially notable for its use of qualitative case studies, a much-needed contribution to the growing body of research on forum selection, and for its detailed actor-centred approach, which comparatively assesses the merits of available forums. Focusing on the UN system, it provides an account of why states sometimes call on the Security Council and at other times prefer the International Court of Justice. "--

Content: "In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, Forum Shopping in International Disputes analyses why particular forums are selected in maritime boundary disputes. The act of forum shopping, it argues, is more than the identification of the forum most likely to award a favourable decision. Rather, other interests come into play, such as concerns about domestic standing and the wish to draw international attention to a case. In other words, the best forum in a given dispute is the one that conforms most closely to a government's overarching policy. This book is especially notable for its use of qualitative case studies, a much-needed contribution to the growing body of research on forum selection, and for its detailed actor-centred approach, which comparatively assesses the merits of available forums. Focusing on the UN system, it provides an account of why states sometimes call on the Security Council and at other times prefer the International Court of Justice. "--

Note: Includes bibliographical references and index , Zug.: Bremen, Univ., Diss., 2012 u.d.T.: Mondré, Aletta: See you somewhere , Forum Shopping in International DisputesA Framework for Forum Shopping -- Choosing Bilateral Negotiations : The Sino-Japanese Dispute in the East China Sea -- Choosing the UN Security Council : The Greco-Turkish Dispute in the Aegean Sea -- Choosing the International Court of Justice : The Nicaraguan-Honduran Dispute in the Caribbean Sea -- Conclusion : The Choice of the Best Forum.

Language: English

Subjects: Law

Keywords: Forum Shopping ; Seevölkerrecht ; Hochschulschrift

URL: Inhaltsverzeichnis

UID:

Format: 1 Online-Ressource (762 pages)

Edition: 2nd ed

ISBN: 9781920033781

Note: Description based on publisher supplied metadata and other sources , Cover -- Title Page -- Copyright -- Contents -- Dedication -- Acknowledgements -- Citations -- Foreword to Reissued Edition -- Preface -- A. The Tale of Tiahuanaco -- B. Waldron's Wager -- C. Deriving an Ought from an Is -- D. A Tale Twice Told -- Endnotes -- Chapter One-A: The Basic Structure and the Methodology of the Argument -- A. The Basic Thesis -- B. Structure of the Text: The Self -- the Social -- the Constitutional -- C. Epistemic Commitments: Self, Society and State as Natural Phenomena -- D. Methodological Commitments: Intuition Pumps and Experimental Philosophy -- 1. Intuition Pumps -- 2. Experimental Philosophy and Empirical Philosophy -- Endnotes -- Chapter One-B: Why Rethinking the Foundations of South African Constitutional Law is Necessary -- A. The 'So What' Question -- 1. How 19th Century Classical Liberalism Undercuts a 21st Century Aspirational Constitution -- 2. The Problem with the Folk Psychology of Freedom -- 3. Avoidance Gives Way to Empiricism -- Endnotes -- Chapter One-C: How Rethinking Our Understanding of the Self and the Social Services a Better Constitutional Theory -- A. Aha Moments and Two Dominant Leitmotifs -- 1. The Unchosen Conditions of Being -- 2. Trial and Error and Feedback Mechanisms -- B. Weaving Together the Dominant Leitmotifs throughout the Text -- 1. A Theory of the Self: Flourishing, Not Freedom -- 2. A Theory of the Social: Constraint, Friction and Change -- 3. A Theory of the Constitutional: Experimentalism & -- Flourishing -- C. Connections that Hold This Book Together -- 1. Connections: Experimental Spaces -- 2. Connections: Experimental Competition -- 3. Connections: Experimental Selves -- C. Tweaking Constitutional Doctrine: Constitutional Court Cases Revisited and Revised -- Endnotes , Chapter Two: A Theory of the Self: Consciousness and Radically Heterogeneous Selves as Feedback Mechanisms -- A. Free Will and Determinism: Their Connection to Social Theory and Constitutional Law -- 1. The Standard Metaphysical Case for Determinism and against Compatabilism -- 2. Experimental Epistemology -- a. Some Philosophical Evidence against the Standard Account of Free Will -- b. The Consequences, for the Self, of Abandoning Free Will -- 3 The Illusion of Volition -- i. Libet's and Walter's Timing Experiments -- ii. Wegner and Wheatley's Experiments -- iii. Tancredi's Serial Killer and Retrospective Intent -- B. Self and Consciousness -- 1. Traditional Views of the Self and Their Problems -- a. My Cartesian Self -- b. My Cartesian Theatre -- C. Explaining (Away) the Self: Bundle Theory -- D. Some Plausible Theories of Consciousness and the Self -- 1. The Proto-Self, the Core Self and the Autobiographical Self -- 2. Global Neuronal Workspace Theory -- a. Baars' Global Workspace Theory -- b. Dehanne and Naccache's Global Neuronal Workspace Theory -- 3. Dennett's Self as a Centre of Narrative Gravity -- E. Selves and Heterogeneity -- 1. Socially, Radically Heterogeneous, Determined Selves -- 2. Naturally, Radically Heterogeneous Determined Selves -- 3. What a 'Free', 'Conscious' Self Is -- F. A Chastened Account of Freedom, Consciousness and Selfhood -- 1. Consciousness, Selves and Error Correction -- 2. A Chastened, Forward-looking Account of Freedom and the Role of Trial and Error -- G. Consciousness and Constitutional Doctrine: Freedom as Political, not Metaphysical -- H. The New Mysterians: The Claim that Consciousness Cannot Explain Itself -- I. Consciousness as a Feedback Mechanism for Error Correction that Enhances Freedom qua Flourishing -- 1. Trial and Error in Video Games -- 2. Trial and Error in Driving , 3. Trial and Error in Spelling -- 4. Trial and Error in Music -- Endnotes -- Chapter Three: A Theory of the Social: Constraint, Friction & -- Change -- A. Introduction -- 1. Unchosen Conditions of Being and Constitutive Attachments -- 2. Social Capital: How Associations and Networks Function -- B. Descriptions of Several Social Feedback Systems -- 1. Spontaneous Orders -- 2. Mill's Experiments in Living -- a. Mill and the Limits of Private Ordering -- b. From Private Ordering to Experimentalism -- 3. Evolutionary Epistemology -- 4. Limits of Evolutionary Epistemology & -- Spontaneous Orders -- C. Better Descriptions and Prescriptions for the Social: Experimentalism in State Policy -- 1. Choice Architecture -- a. Cognitive Biases in Deliberative Practices -- b. Overcoming Cognitive Biases -- 2. The Virtues (and Vices) of Social Capital: Using Bonding Networks and Bridging Networks to Foster Change -- 3. Radically Heterogeneous Selves and Societies as Engines for Change -- D. Shared Consciousness and Feedback Mechanisms -- 1. Psychotherapy -- 2. Legal Practice and Legal Theory -- 3. Golf Instruction -- 4 Corporations and Climate Change -- Endnotes -- Chapter Four: A Theory of the Constitutional: Experimental Constitutionalism -- A. Philosophical Foundations -- B. Basic Facets of Experimental Constitutionalism -- 1. Shared Constitutional Interpretation -- 2. Participatory Bubbles -- 3. Truth Propositions in Radically Heterogeneous Constitutional Orders -- 4. Chastened Deliberation -- 5. Destablization Rights -- 6. The Disentrenchment of Private Ordering through Remedial Equilibration -- 7. Reflexivity and Optimality -- 8. Flattened Hierarchies Rather than Top-Down Command and Control -- C. Potential Limits of Experimental Constitutionalism in South Africa -- 1. Institutional Undercapacity -- 2. Traditional Forms of Life and Radical Reformation , D. Normative Content of Experimental Constitutionalism -- 1. On Flourishing -- 2. On the Relationship Between Flourishing and Experimentalism -- E. Emergent Experimentalist Government, Information Pooling and Rolling Best Practices in the United States -- 1. Educational Reform -- 2. Family Courts and Child Welfare Agencies -- 3. Drug Treatment Courts -- Endnotes -- Chapter Five: Experimental Constitutionalism in South Africa: Institutions and Doctrines -- A. The South African Constitution as an Experimental Constitution -- B. Shared Constitutional Interpretation: Design & -- Doctrines -- 1. Limitations Analysis -- a. Theory -- b. Practice -- 2. The Principle of Democracy and its Relationship to Rights Interpretation -- 3. Socio-Economic Rights -- 4. Chapter 9 Institutions -- a. Auditor-General -- b. Public Protector -- c. Complementarity, Reflexivity and Inclusivity in Constitutional Norm Generation by Chapter 9 Institutions -- 5. Provincial Constitutions -- C. Participatory Bubbles -- 1. Remedies -- a. Theory -- b. Practice -- 2. Rules and Procedures in Constitutional Matters -- 3. Costs -- 4. Constitutional Jurisdiction -- 5. Public Participation in Law-Making -- 6. Chapter 9 Institutions -- Endnotes -- Chapter Six: Experimental Constitutionalism in South Africa: The Evolution of Law and Policy in Housing & -- Education -- A. Introduction -- B. Experimental Constitutionalism in South African Housing Law and Policy -- 1. Grootboom and the Reconstruction and Development Programme -- 2. An Immediate Critique of Grootboom -- 3. Breaking New Ground: The Reformation of Housing Policy in Light of Grootboom -- 4. The Constitutional Court's Novel Commitment to Meaningful Engagement -- 5. Two Unintended Consequences of Meaningful Engagement -- C. Experimentalism and Flourishing in South African Education Law and Policy , 1. The State's Consciously Experimentalist Approach to Education Law and Policy -- 2. Constitutional and Statutory Norms regarding Linguistic and Cultural Autonomy in Public Schools and Private Schools -- a. The Basic Framework -- b. Government Efforts to Control Private Power and to Eliminate De Facto Racially, and Exclusionary Language Policies in Public Schools -- 2. School Governing Bodies as a Flexible, Reflexive Form of Government -- a. Democracy and Education and Experimentalism -- b. Are SGBs Flexible, Polycentric Sites of Emergent Experimental Decision-Making? -- i. SGBs as Emergent, Experimental Institutions -- a. Inclusion -- b. Decision-Making: Shared Powers of Interpretation -- c. Forms of Participation, and Forms of Participants -- d. Experimentation with Polycentric Participation in SGBs -- c. Does the Evidence Support SGBs as an Emergent Experimental Institution? -- 1. The Cartesian Error as Manifest in Political and Social Experimentation . -- 2. The Desire to Experiment, the Ability to Experiment, and the Experiments Carried Out by National Government, Provincial Government and SGBs -- 3. The Tension between Politics and Experimentalism -- c. Polycentricity, Participatory Bubbles, Shared Constitutional Interpretation and the Right to a Basic Education in the Province of the Eastern Cape -- Endnotes -- Chapter Seven: Flourishing and Fundamental Rights under the South African Constitution -- A. Flourishing Roughly Defined -- 1. Experimentalism for Whom and for What? -- 2. Social Democracy and Experimentalism -- 3. Two Modern (Covalent) Definitions of Flourishing: Development and Capabilities -- B. Flourishing and Selves -- 1. The Situated Self -- 2. The Experimental Self -- 3. The Radically Heterogeneous Self -- 4. The Egalitarian Pluralist Self -- C. Flourishing, Development, Capabilities and Constitutions , D. Flourishing and Fundamental Rights: Between Conservation and Revolution

Additional Edition: Erscheint auch als Druck-Ausgabe Woolman, Stu The Selfless Constitution Oxford : NISC (Pty) Limited (National Inquiry Services Centre (Pty) Ltd),c2021 ISBN 9781920033774

Language: English

Subjects: Law

Keywords: Südafrika ; Verfassung

UID:

Format: XV, 349 S. , graph. Darst. , 24 cm

ISBN: 9781107018976 , 1107018978

Content: "More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"--

Content: "In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts, that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference"--

Note: Formerly CIP Uk. - Includes bibliographical references and index; Hier auch später erschienene, unveränderte Nachdrucke , Machine generated contents note: Part I. Common Law: 1. Judges and judging 1176-1307 Paul Brand; 2. Formalism and realism in fifteenth-century English law: bodies corporate and bodies natural David J. Seipp; 3. Early modern judges and the practice of precedent Ian Williams; 4. Bifurcation and the Bench: the influence of the jury on English conceptions of the judiciary John H. Langbein; 5. Sir William Scott and the law of marriage Rebecca Probert; 6. The politics of English law in the nineteenth century Michael Lobban; 7. Judges and the criminal law in England 1808-1861 Phil Handler; 8. Bureaucratic adjudication: the internal appeals of the Inland Revenue Chantal Stebbings; Part II. Continental Law: 9. Remedy of prohibition against Roman judges in civil trials Ernest Metzger; 10. The spokesmen in medieval courts: the unknown leading judges of the customary law and makers of the first continental law reports Dirk Heirbaut; 11. Superior courts in early modern France, England and the Holy Roman Empire Ulrike Muessig; 12. The Supreme Court of Holland and Zeeland judging cases in the early 18th century A. J. B. Sirks; Part III. Imperial Law: 13. 11,000 prisoners: habeas corpus, 1500-1800 Paul D. Halliday; 14. Some difficulties of colonial judging: the Bahamas 1886-1893 Martin J. Wiener; 15. Australia's early High Court, the Fourth Commonwealth Attorney-General and the 'strike of 1905' Susan Priest; 16. Judges and judging in colonial New Zealand: where did native title fit in? David V. Williams.

Additional Edition: ISBN 9781139218429

Additional Edition: Online-Ausg. Judges and judging in the history of the common law and civil law Cambridge : Cambridge Univ.Press, 2012 ISBN 9781107018976

Additional Edition: ISBN 1107018978

Language: English

Subjects: Law

Keywords: Common law ; Richter ; Rechtsprechung ; Geschichte ; Konferenzschrift

URL: Inhaltsverzeichnis

UID:

Format: Online-Ressource (XVII, 710 p, online resource)

ISBN: 9783642232664

Series Statement: SpringerLink

Content: The book was first published in 1997, and was awarded the first prize of scientific research by the Ministry of Justice during the ninth Five-Year Plan of China. In 2005, it was adopted the text book for the postgraduates of law majors. In 2009, it was awarded the second prize of the best books on law in China. The book discusses from different aspects the long legal tradition in China, and it not only helps us to have a further understanding of Chinese legal system but also combines theories and practice and illustrate the modern legal transition which probes the history of Chinese legal system. As is known to us all, China is a country with a long legal history, which can be traced back to more than three thousand year ago. So the legal tradition of China has been passed down from generation to generation without any interruptions. This feature is peculiar to Chinese legal history which is beyond all comparison with that of other countries such as ancient Egypt, ancient India, ancient Babylon and ancient Persia. Through the study of Chinese legal history we can have a deeper understanding of the histories, features, origins and the transition of Chinese legal tradition. The Chinese legal tradition originated from China, and it is the embodiment of the wisdom and creativity of Chinese civilization. The great many books, researching materials, legal constitutions, archives, files and records of different dynasties in China have provided us with rare, complete and systematic materials to research. The book has a complete, systematic and detailed research on Chinese legal tradition and its transition and it gives people a correct recognition of the process of the perfection of laws during its development and its position as well as its value in the social progress in order to grasp its regular patterns. It also has showed us the most valuable part and core of Chinese legal Tradition and it is a summary of Chinese legal tradition and its transition from different perspectives, different angles and different levels. From the book, we can see that the ancient Chinese Legal Culture had once shocked the world and exerted great influence on the civilization of the world legal system, especially the legal systems in Asian countries. The book also has discussed the reestablishment of law in the late Qing Dynasty and the beginning of the Chinese law’s transition to modernity. In a word, the book has not only combined the legal system and the legal culture together, ...

Note: Description based upon print version of record , I The Tradition of Chinese LawTo Introduce “Li” (Rites) Into Law And To Integrate “Li” (Rites) with Law -- To Regard Human Being as a Standard, to Promote Morality and to Inflict Penalty with Prudence -- Rights Differentiated, Duty as a Standard -- Advocating Impartiality, Emphasizing Criminal Law and Neglecting Civil Law -- Following “Tian Li” (Heavenly Principles) and Enforcing Laws According to the Concrete Situations of Specific Cases -- The Law Deriving from Monarch, the Monarchy Power Overtopping Law -- Clan Orientation and The Ethical Rule of Law -- Regulating Official by Law, Defining Duties and Obligations -- Historical Comparison and Timely Adjustment of the Legal System -- Unified Interpretation of Law and Unparalleled Flourishing of “Lv Xue” -- “Zhu Fa Bing Cun” (The Coexistence of Various Laws) and “Min Xing You Fen” (The Differentiation Between Civil and Criminal Laws) -- Revising Laws by Legislation and Citing Precedents by “Bi Fu” (Legal Analogy) -- Making Convictions by Law and Making Judgments by Analogy -- Pursuing No Litigation, and Settling Conflicts by Mediation -- The Contribution to Chinese Legal System by All Nationalities in China -- II The Modern Transition of Chinese Law -- The Introduction of Western Legal Culture -- The Change of Traditional Legal Concepts -- The Thoughts and Practices of Legal Reform in the Transitional Process -- The Continuing Progress of the Modern Legal Transition During the Period of the Republic of China -- The Historical Value of the Modern Transition of Chinese Law and the Experience for Reference.

Additional Edition: ISBN 9783642232657

Additional Edition: Druckausg. Zhang, Jinfan, 1930 - The tradition and modern transition of Chinese law Heidelberg : Springer, 2014 ISBN 9783642232657

Additional Edition: ISBN 3642232655

Language: English

Subjects: Law

Keywords: China ; Rechtssystem ; China ; Recht ; Geschichte

DOI: 10.1007/978-3-642-23266-4

URL: Volltext

URL: Volltext  (lizenzpflichtig)

URL: Cover

URL: Inhaltsverzeichnis

UID:

Format: 1 Online-Ressource (xv, 312 pages)

ISBN: 9781108954877 , 9781108845212 , 9781108949682

Series Statement: The law in context series

Content: Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.

Note: Title from publisher's bibliographic system (viewed on 18 Jun 2021)

Additional Edition: ISBN 9781108845212

Additional Edition: Erscheint auch als Druckausgabe Dupret, Baudouin, 1965 - Positive law from the Muslim world Cambridge, United Kingdom : Cambridge University Press, 2021 ISBN 9781108845212

Language: English

Subjects: Law , Theology

Keywords: Islamisches Recht ; Positives Recht

DOI: 10.1017/9781108954877

URL: lizenzpflichtig

UID:

Format: 1 Online-Ressource (xii, 195 pages)

ISBN: 9783030735784

Series Statement: AMINTAPHIL: the Philosophical Foundations of Law and Justice Ser. v.10

Content: Intro -- Acknowledgements -- Contents -- Chapter 1: Introduction and Overview -- 1.1 Brief Statement on Sovereignty -- 1.2 Impetus and Importance -- 1.2.1 Impetus -- 1.2.2 Importance -- 1.3 Preliminary Matters: Setting the Stage -- 1.3.1 Some Skeptical Concerns -- 1.3.2 Understanding the Inquiry -- 1.4 Project Overview -- 1.4.1 Section I: The Moral Nature and Limits of State Sovereignty -- 1.4.2 Section II: The Transition from Theory to Practice -- 1.5 Conclusion -- References -- Part I: Developing a Framework for Assessing the Moral Limits of State Sovereignty and Sovereign Discretion -- Chapter 2: Explicating the Tension Between State Sovereignty and the New Challenges Facing the International Community -- 2.1 Understanding the Tension -- 2.1.1 Delineating the Conception of Sovereignty at Issue -- 2.1.2 Hohfeld, Sumner and the Constitutive Elements of State Sovereignty -- 2.1.2.1 The Content of Sovereignty -- 2.1.2.2 Reconstructing the Content: The Right of Nonintervention -- 2.1.2.3 Delineating the Scope of State Sovereignty -- 2.2 The Role of Sovereignty in the Practical Deliberations of States -- 2.3 Changing Times and Global Challenges -- 2.4 Identifying the Assumption -- 2.5 Conclusion: Rejecting the Assumption and Opening the Conceptual Space -- References -- Chapter 3: Assessing the Limitations Inherent to the Notion of Sovereignty Itself -- 3.1 Explanation and Justification of the Methodology Employed -- 3.2 Developing the Argument -- 3.2.1 The Provisional Argument -- 3.2.2 Explicating, Justifying and Revising the Argument -- 3.3 Applying the Argument -- 3.4 Conclusion -- References -- Chapter 4: Assessing the Limitations from the Best Available Justification for Sovereignty -- 4.1 Preliminary Matters -- 4.2 Identification and Evaluation of Arguments -- 4.2.1 Responding to the Objection That the Inquiry Is Moot.

Note: Description based on publisher supplied metadata and other sources

Additional Edition: ISBN 9783030735777

Additional Edition: Erscheint auch als Druck-Ausgabe ISBN 9783030735777

Language: English

Subjects: Law

Keywords: Klimaänderung ; Souveränität ; Ethik ; Internationales Recht

URL: lizenzpflichtig

Author information: Kassner, Joshua

UID:

Format: xxxvii, 442 Seiten

Edition: Online-Ausgabe [London] Bloomsbury Publishing 07 September 2014 1 Online-Ressource

ISBN: 9781472558916

Series Statement: Bloomsbury collections

Content: PART I THE DEBATE BEGINS -- 1. Is the Ultra Vires Rule the Basis of Judicial Review? -- Professor Dawn Oliver -- 2. Of Fig Leaves and Fairy Tales: The Ultra Vires Doctrine, the Sovereignty of Parliament and Judicial Review -- Christopher Forsyth -- 3. Ultra Vires and the Foundations of Judicial Review -- Professor Paul Craig -- 4. Illegality: The Problem of Jurisdiction -- Lord Justice Laws -- 5. The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law -- Mark Elliott -- PART II THE JURISPRUDENTIAL DEBATE -- 6. Ultra Vires and Institutional Interdependence -- Nicholas Bamforth -- 7. Form and Substance in the Rule of Law: A Democratic Justification for Judicial Review -- Professor David Dyzenhaus -- 8. Judicial Review and the Meaning of Law -- Lord Justice Laws -- PART III CONSTITUTIONAL REFORM AND THE FOUNDATIONS OF JUDICIAL REVIEW -- 9. The Foundations of Review, Devolved Power and Delegated Power -- Professor Brigid Hadfield -- 10. The Courts, Devolution and Judicial Review -- Professor Paul Craig -- 11. Convention Rights and Substantive Ultra Vires -- Professor David Feldman -- 12. Fundamental Rights as Interpretative Constructs: The Constitutional -- Mark Elliott

Content: This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. "Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people". (Sir John Laws) Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade

Additional Edition: ISBN 9781841131054

Additional Edition: Erscheint auch als

Additional Edition: Elektronische Reproduktion von Judicial review and the constitution Oxford [u.a.] : Hart Publ., 2000 ISBN 1841131059

Language: English

Subjects: Law

Keywords: Großbritannien ; Normenkontrolle ; Großbritannien ; Normenkontrolle ; Ultra-Vires-Lehre ; Verfassungsrecht ; Konferenzschrift

DOI: 10.5040/9781472558916

URL: Volltext  (lizenzpflichtig)

URL: Volltext  (lizenzpflichtig)

URL: lizenzpflichtig