Browse Results

Showing 10,451 through 10,475 of 57,378 results

The Cosmopolitan Constitution (Oxford Constitutional Theory)

by Alexander Somek

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

The Cosmopolitan Constitution (Oxford Constitutional Theory)

by Alexander Somek

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

by Alec Stone Sweet Clare Ryan

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

by Alec Stone Sweet Clare Ryan

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

The Cosmopolitan State (Oxford Constitutional Theory)

by H Patrick Glenn

For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.

Cosmopolitanism: Ethics in a World of Strangers (Issues Of Our Time Ser. #0)

by Kwame Anthony Appiah

This landmark work challenges the separatist doctrines which have come to dominate our understanding of the world. Appiah revives the ancient philosophy of Cosmopolitanism, which dates back to the Cynics of the 4th century, as a means of understanding the complex world of today. Arguing that we concentrate too much on what makes us different rather than recognising our common humanity, Appiah explores how we can act ethically in a globalised world.

Cosmopolitanism and the Evils of the World

by Michael H. DeArmey

This book analyses five forms of transnational evils and offers cosmopolitan recommendations for reducing their occurrence. With civilisation in crisis it is crucial, now more than ever, to attempt to mitigate the catastrophes that face us in the decades to come. In a compelling and frightening account of transnational evil, DeArmey identifies and explores in depth the dark side of human behaviour, from genocide, slavery, torture and terrorism, to the greatest disaster of our time: the worldwide destruction of the earth’s biosphere. Building on Kant’s theory of a new world organisation designed to eliminate the evil of war and strengthen the world community, DeArmey develops a biotic and value-based theory of dignity, reconstructing a cosmopolitan world order that supports the Kantian theories of respect, care and hospitality. Cosmopolitan changes to the United Nations are proposed, including a bicameral assembly and, crucially, an environmental council with legal powers. In each chapter, cosmopolitan recommendations are made that will reduce the occurrence of the transnational evil in question; it is through these recommendations that the dignity and world citizenship of humanity can be protected and strengthened. Without them, we are headed towards the collapse of civilisation and mass extinction in the biosphere.

Cosmopolitanism, Migration and Universal Human Rights

by Mogens Chrom Jacobsen Emnet Berhanu Gebre Drago Župarić-Iljić

This book describes the potential and challenges of cosmopolitanism from a philosophical and historical point of view. Through the prism of cosmopolitanism, this book considers how the recent surge in migration is affecting our current reality, while also taking stock of the contemporary potential of cosmopolitan ideas. It considers and compares the significance of religion and culture for the wider societal acceptance or rejection of refugees. Moreover, the book examines the European Court of Human Rights jurisprudence on immigration policies, non-refoulement, humanitarian law and gender. It presents empirically based research of a quantitative, qualitative and comparative nature regarding the determinants of attitudes towards cosmopolitanism and more generally concerning public opinion on migration issues, and reflects on conceptions of and attitudes towards citizenship, while also imagining new forms of citizenship. This book serves as a comprehensive overview and resource for migration scholars from the social sciences and the humanities, as well as students and other stakeholders in the fields of migration and human rights.

Cosmopolitanism, State Sovereignty and International Law and Politics: A Theory (Routledge Research in Legal Philosophy)

by Jorge E. Núñez

This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.

Cosmopolitanism, State Sovereignty and International Law and Politics: A Theory (Routledge Research in Legal Philosophy)

by Jorge E. Núñez

This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.

The Cosmopolitanization of Science: Stem Cell Governance in China

by J. Zhang

Focussing on China's stem cell research, this book investigates how, over the last decade, Chinese scientists, ethicists and policy-makers have developed a cosmopolitan sensibility in comprehending and responding to ethical and regulatory concerns.

The Cosmos of Duty: Henry Sidgwick's Methods of Ethics

by Roger Crisp

Roger Crisp presents a comprehensive study of Henry Sidgwick's The Methods of Ethics, a landmark work first published in 1874. Crisp argues that Sidgwick is largely right about many central issues in moral philosophy: the metaphysics and epistemology of ethics, consequentialism, hedonism about well-being, and the weight to be given to self-interest. He holds that Sidgwick's long discussion of 'common-sense' morality is probably the best discussion of deontology we have. And yet The Methods of Ethics can be hard to understand, and this is perhaps one reason why, though it is a philosophical goldmine, few have ventured deeply into it. What does Sidgwick mean by a 'method'? Why does he discuss only three methods? What are his arguments for hedonism and for utilitarianism? How can we make sense of the idea of moral intuition? What is the role of virtue in Sidgwick's ethics? Crisp addresses these and many other questions, offering a fresh view of Sidgwick's text which will assist any moral philosopher to gain more from it.

The Cosmos of Duty: Henry Sidgwick's Methods of Ethics

by Roger Crisp

Roger Crisp presents a comprehensive study of Henry Sidgwick's The Methods of Ethics, a landmark work first published in 1874. Crisp argues that Sidgwick is largely right about many central issues in moral philosophy: the metaphysics and epistemology of ethics, consequentialism, hedonism about well-being, and the weight to be given to self-interest. He holds that Sidgwick's long discussion of 'common-sense' morality is probably the best discussion of deontology we have. And yet The Methods of Ethics can be hard to understand, and this is perhaps one reason why, though it is a philosophical goldmine, few have ventured deeply into it. What does Sidgwick mean by a 'method'? Why does he discuss only three methods? What are his arguments for hedonism and for utilitarianism? How can we make sense of the idea of moral intuition? What is the role of virtue in Sidgwick's ethics? Crisp addresses these and many other questions, offering a fresh view of Sidgwick's text which will assist any moral philosopher to gain more from it.

COSO Enterprise Risk Management: Understanding the New Integrated ERM Framework

by Robert R. Moeller

Praise for COSO Enterprise Risk Management "COSO ERM is a thoughtful introduction to the challenges of risk management at the enterprise level and contains a wealth of information on dealing with it through the use of the COSO framework. Detailed procedures covering a wide variety of situations are followed by a thorough explanation of how each is deployed. As a project management professional, I appreciate how the author addresses the need for risk management at a project level. His background as someone who 'practices what they preach' and realizes the impact of the Sarbanes-Oxley auditing rules comes through clearly in the book, and it should be mandatory reading for anyone seeking to understand how to tackle their own ERM issues." --Greg Gomel, PMP, CQM, CSQE, ITIL, Director, Project Management, Insight North America "This volume clearly and comprehensively outlines the usefulness of COSO Enterprise Risk Management guidance. It should provide considerable benefit to those having governance responsibilities in this important area." --Curtis Verschoor, L & Q Research Professor, School of Accountancy and MISDePaul University, Chicago Transform your company's internal control function into a valuable strategic tool Today's companies are expected to manage a variety of risks that would have been unthinkable a decade ago. More than ever, it is vital to understand the dimensions of risk as well as how to best manage it to gain a competitive advantage. COSO Enterprise Risk Management clearly enables organizations of all types and sizes to understand and better manage their risk environments and make better decisions through use of the COSO ERM framework. A pragmatic guide for integrating ERM with COSO internal controls, this important book: Offers you expert advice on how to carry out internal control responsibilities more efficiently Updates you on the ins and outs of the COSO Report and its emergence as the new platform for understanding all aspects of risk in today's organization Shows you how an effective risk management program, following COSO ERM, can help your organization to better comply with the Sarbanes-Oxley Act Knowledgeably explains how to implement an effective ERM program COSO Enterprise Risk Management is the invaluable working resource that will show you how to identify risks, avoid pitfalls within your corporation, and keep it moving ahead of the competition.

COSO Enterprise Risk Management: Establishing Effective Governance, Risk, and Compliance Processes (Wiley Corporate F&A #560)

by Robert R. Moeller

A fully updated, step-by-step guide for implementing COSO's Enterprise Risk Management COSO Enterprise Risk Management, Second Edition clearly enables organizations of all types and sizes to understand and better manage their risk environments and make better decisions through use of the COSO ERM framework. The Second Edition discusses the latest trends and pronouncements that have affected COSO ERM and explores new topics, including the PCAOB's release of AS5; ISACA's recently revised CobiT; and the recently released IIA Standards. Offers you expert advice on how to carry out internal control responsibilities more efficiently Updates you on the ins and outs of the COSO Report and its emergence as the new platform for understanding all aspects of risk in today's organization Shows you how an effective risk management program, following COSO ERM, can help your organization to better comply with the Sarbanes-Oxley Act Knowledgeably explains how to implement an effective ERM program Preparing professionals develop and follow an effective risk culture, COSO Enterprise Risk Management, Second Edition is the fully revised, invaluable working resource that will show you how to identify risks, avoid pitfalls within your corporation, and keep it moving ahead of the competition.

COSO Enterprise Risk Management: Establishing Effective Governance, Risk, and Compliance Processes (Wiley Corporate F&A #560)

by Robert R. Moeller

A fully updated, step-by-step guide for implementing COSO's Enterprise Risk Management COSO Enterprise Risk Management, Second Edition clearly enables organizations of all types and sizes to understand and better manage their risk environments and make better decisions through use of the COSO ERM framework. The Second Edition discusses the latest trends and pronouncements that have affected COSO ERM and explores new topics, including the PCAOB's release of AS5; ISACA's recently revised CobiT; and the recently released IIA Standards. Offers you expert advice on how to carry out internal control responsibilities more efficiently Updates you on the ins and outs of the COSO Report and its emergence as the new platform for understanding all aspects of risk in today's organization Shows you how an effective risk management program, following COSO ERM, can help your organization to better comply with the Sarbanes-Oxley Act Knowledgeably explains how to implement an effective ERM program Preparing professionals develop and follow an effective risk culture, COSO Enterprise Risk Management, Second Edition is the fully revised, invaluable working resource that will show you how to identify risks, avoid pitfalls within your corporation, and keep it moving ahead of the competition.

Cost and EU Public Procurement Law: Life-Cycle Costing for Sustainability (Routledge Research in International Economic Law)

by Marta Andhov Roberto Caranta Anja Wiesbrock

Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Cost and EU Public Procurement Law: Life-Cycle Costing for Sustainability (Routledge Research in International Economic Law)

by Marta Andhov Roberto Caranta Anja Wiesbrock

Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Cost and Fee Allocation in Civil Procedure: A Comparative Study (Ius Gentium: Comparative Perspectives on Law and Justice #11)

by Mathias Reimann

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families.This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

The Cost of Democracy: Party Funding in Modern British Politics

by Keith Ewing

Party funding has given rise to great controversy since 1997, and continues to do so. In recent years, row has followed row - from million-pound donations, to the so-called 'loans for peerages' affair. The question was the subject of an official investigation by Sir Hayden Phillips, whose blueprint for reform was produced in March 2007. This book charts the evolution of the party funding problem in recent years and explores the weaknesses of the Political Parties, Elections and Referendums Act 2000, which was enacted in a vain attempt to clean up British politics. The book sets out a number of core principles which should inform the development of public policy in this field, and examines the different strategies for the implementation of these principles. Having regard to the experience of othercountries, including Canada, Germany and Sweden, a radical framework ofreform is proposed, designed to address the emerging crisis of party government with serious implications for democracy itself. The main concern is with the development of bold reform initiatives to encourage political parties to recruit and retain members, and give members rights in relation to the government and administration of these parties.This thoughtful yet hard-hitting account by one of the leading scholars in the field will be of interest to constitutional lawyers and political scientists, as well as journalists and those with an interest in the way we are governed.

The Cost of Free Speech: Pornography, Hate Speech, and their Challenge to Liberalism

by A. Levin

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

The Cost of Institutions: Information and Freedom in Expanding Economies

by J. Rodriguez S. Loomis J. Weeres

Contesting prior assumptions that institutions simplify the world for the sake of efficiency, this book argues that rather than institution expansion indicating the movement of markets to optimal states, expanding institutions generate information costs.

The Costs and Benefits of Animal Experiments (The Palgrave Macmillan Animal Ethics Series)

by A. Knight

A comprehensive review of recent scientific evidence examining the contributions of animal experimentation to human healthcare. The book also explores toxicity prediction, animal use during life and health sciences education, impacts on student attitudes toward animals, and the extent to which animals suffer in laboratories.

Costs and Cautionary Tales: Economic Insights for the Law (Legal Theory Today)

by Anthony I Ogus

The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. The approach is discursive, anecdotal and analytical, reflecting the ideas and convictions developed during the author's 30 years working in the field of law and economics. Winner of the Hart SLSA Book Prize 2007 for an outstanding piece of socio-legal scholarship.

The Costs and Funding of Civil Litigation: A Comparative Perspective (Civil Justice Systems)

by Christopher Hodges Stefan Vogenauer Magdalena Tulibacka

This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules… I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.'From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010

Refine Search

Showing 10,451 through 10,475 of 57,378 results