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Foundations of Public Contracts: A Comparative View (Studies in Comparative Law and Legal Culture series)
by José G. GiacomuzziFoundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins.The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism: preferential treatment that public procurement law provides to the state in its contractual dealing with private entities.Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.
Foundations of Public Law
by Martin LoughlinFoundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.
The Foundations of Public Law: Principles and Problems of Power in the British Constitution (Second Edition) (PDF)
by Keith SyrettThis thought-provoking and engaging book provides an insightful examination of public law, exploring the complex relationship between institutions, individual and state, and offering both explanation and critical analysis. Public law is viewed against a backdrop of differing types of governmental power and the problems to which this may give rise, with a particular focus being given to recent changes in the British constitution. By placing public law in a broader context, the book seeks to take a different approach from that of a general textbook, thereby offering a fresh view of the subject that is topical, relevant and interesting. Whether used as introductory reading or as an ongoing companion to a main course text, it will provide a valuable perspective that will be of great benefit to law students and politics students alike. This new second edition has been comprehensively revised and updated to reflect recent developments in the law.
The Foundations of Public Law: Principles and Problems of Power in the British Constitution
by Keith SyrettThis textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Public Law; including Human Rights law. By taking the reader through the key constitutional structures – from what it means to study Public Law and the inherent challenges and tensions therein, to the more specific structures like the judiciary and executive. This book is therefore an essential starting point for more advanced law students and a valuable source of legal context for political science students alike. Both authoritative and accessible, it enables the reader to appreciate the complexity and beauty of this most fundamental part of our legal system.New to this Edition:- Thoroughly revised to take in the latest developments in this field of law.
The Foundations of Restitution for Wrongs
by Francesco Giglio'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim.The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture.To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
The Foundations of Russian Law
by Marianna MuravyevaThis accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.
The Foundations of Russian Law
by Marianna MuravyevaThis accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.
Foundations of Taxation Law
by null Stephen BarkoczyFoundations of Taxation Law provides a clear and comprehensive introduction to the policy, principles and practice that underpin the Australian taxation system. Designed as a guide for law and business students as well as tax practitioners, the text blends policy issues, taxation theory, black letter law and commercial practice into a succinct general principles text. Topics are presented in a logical and structured order and are cross-referenced to specific provisions in the legislation and relevant cases so that readers are able to easily find the source of the law. The text includes approximately 400 examples and dozens of diagrams and tables that condense the law and help clarify difficult concepts. This edition contains expanded technical and policy discussion of several areas of law. It has been substantially revised and restructured to take account of the many important legislative reforms, case law developments and announcements that have occurred over the last 24 months.
The Foundations of the Aarhus Convention: Environmental Democracy, Rights and Stewardship
by Emily BarrittThis important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.
The Foundations of the Aarhus Convention: Environmental Democracy, Rights and Stewardship
by Emily BarrittThis important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.
The Foundations of the EU as a Polity
by Massimo FicheraIn this insightful book, Massimo Fichera provides an original account of European integration as a process – completed by the creation of the Area of Freedom, Security and Justice. The study builds upon a demonstration of how European constitutionalism has been informed by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. The book uses this conceptual framework to analyse the development of the EU as a polity. Chapters cover significant recent crises, including the Eurozone, refugees, the rule of law, Brexit and constitutional identity. These events are not only recognized as being political shocks, but more meaningful and long-lasting occurrences which have had, and will continue to have, a deep impact on the development of the EU as a legal and political system. In light of this, the variety of crises that have recently affected the EU are discussed with thought given to their impact as an interlinking whole. Adeptly combining both theoretical and doctrinal analysis, this book will appeal to students and scholars of both EU law and politics, as well as those interested in legal and political theory more widely. Government officials, policymakers and practitioners will also find this a stimulating read.
The Foundations of Vulnerability Theory: Feminism, Family, and Fineman (Gender in Law, Culture, and Society)
by Jennifer HickeyThis volume is the first collection of Martha Albertson Fineman’s most important and influential work. Feminist legal theorist Martha Albertson Fineman has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman’s scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory. This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that is just as relevant today, if not more so. In this book, Fineman offers a foundation for the achievement of true social justice, through the centering of our shared human vulnerability and dependency, grounded in the recognition of the ontological body and its material needs. Arranged in sections, and introduced by leading scholars in the field, these pieces ask us to re-examine our legally enshrined commitment to formal equality and the “mythological” autonomous independent legal subject; recognizing instead that we must call for an active and responsive state that meaningfully provides resilience through its social institutions. This collection demonstrates an evolution of heretical thought that has always pressed for a deeper understanding of the foundations of law and society, offering a model for other scholars on how to keep pressing through the hard work of thinking and rethinking the conceptual basics of language, law, society, and justice. This book will appeal to academics, policymakers, lawyers, activists, and students in law and politics theory with interests in law and society, human dependency and vulnerability, state responsibility, and feminism and the family; as well as others who have applied Fineman’s vulnerability theory to issues in the fields of bioethics, artificial intelligence, and policing, to name just a few.
The Foundations of Vulnerability Theory: Feminism, Family, and Fineman (Gender in Law, Culture, and Society)
by Jennifer HickeyThis volume is the first collection of Martha Albertson Fineman’s most important and influential work. Feminist legal theorist Martha Albertson Fineman has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman’s scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory. This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that is just as relevant today, if not more so. In this book, Fineman offers a foundation for the achievement of true social justice, through the centering of our shared human vulnerability and dependency, grounded in the recognition of the ontological body and its material needs. Arranged in sections, and introduced by leading scholars in the field, these pieces ask us to re-examine our legally enshrined commitment to formal equality and the “mythological” autonomous independent legal subject; recognizing instead that we must call for an active and responsive state that meaningfully provides resilience through its social institutions. This collection demonstrates an evolution of heretical thought that has always pressed for a deeper understanding of the foundations of law and society, offering a model for other scholars on how to keep pressing through the hard work of thinking and rethinking the conceptual basics of language, law, society, and justice. This book will appeal to academics, policymakers, lawyers, activists, and students in law and politics theory with interests in law and society, human dependency and vulnerability, state responsibility, and feminism and the family; as well as others who have applied Fineman’s vulnerability theory to issues in the fields of bioethics, artificial intelligence, and policing, to name just a few.
Founders and Organizational Development: The Etiology and Theory of Founder's Syndrome (Routledge Studies in Management, Organizations and Society)
by Stephen R. Block Katrina Miller-StevensFounders and Organizational Development: The Etiology and Theory of Founder’s Syndrome is designed to help today’s researchers, faculty, students and practitioners become familiar with the etiology and dynamics of Founder’s Syndrome as an organizational condition challenging nonprofit/nongovernmental, social enterprise, and for-profit and publicly traded organizations. The book uses applied social and psychological theories and concepts to peel away the layers of an organizational enigma, revealing three causes of Founder’s Syndrome and insight into the power and privileges assumed by founders who engage in undesirable and self-destructive behaviors leading to their termination; going from hero status to antihero. Researchers, instructors, students, and practitioners will find thought-provoking case studies from the real world of organization development practice. Segments from interviews during interventions reveal the type of emotional turmoil experienced in organizations where founder’s syndrome is present. Insight is provided into accounts of well-known founders who were terminated or forced to resign. The unique features of this book include: integrating theory into practice, describing a new theory about the psychological reaction of founder’s syndrome victims, prevention ideas when designing new organizations, strategies for intervention, using content based on research and organization development consultation experiences, and, integrating feedback from students who have launched organizations.
Founders and Organizational Development: The Etiology and Theory of Founder's Syndrome (Routledge Studies in Management, Organizations and Society)
by Stephen R. Block Katrina Miller-StevensFounders and Organizational Development: The Etiology and Theory of Founder’s Syndrome is designed to help today’s researchers, faculty, students and practitioners become familiar with the etiology and dynamics of Founder’s Syndrome as an organizational condition challenging nonprofit/nongovernmental, social enterprise, and for-profit and publicly traded organizations. The book uses applied social and psychological theories and concepts to peel away the layers of an organizational enigma, revealing three causes of Founder’s Syndrome and insight into the power and privileges assumed by founders who engage in undesirable and self-destructive behaviors leading to their termination; going from hero status to antihero. Researchers, instructors, students, and practitioners will find thought-provoking case studies from the real world of organization development practice. Segments from interviews during interventions reveal the type of emotional turmoil experienced in organizations where founder’s syndrome is present. Insight is provided into accounts of well-known founders who were terminated or forced to resign. The unique features of this book include: integrating theory into practice, describing a new theory about the psychological reaction of founder’s syndrome victims, prevention ideas when designing new organizations, strategies for intervention, using content based on research and organization development consultation experiences, and, integrating feedback from students who have launched organizations.
Founding a Company: Handbook of Legal Forms in Europe
by Michael J. Munkert Stephan Stubner Torsten WulfFrom our daily practice as scholars, consultants and entrepreneurs we know how critical it is to make the right decisions that can shape the future of a company. One of the earliest of such decisions is surely the selection of the appropriate legal form as it is hardly reversible and has major implications on the running business. Accordingly, we can nd a wealth of information about the pros and cons of speci c legal forms. However, so far there is only scarce information available once you decide to enter a foreign market. There are offerings, e.g. from the Chambers of Commerce and you can search the Internet. When information is provided in the local language, comprehension becomes dif cult. Furthermore, the material that is available today only seldom allows for a structured analysis and comparison of legal forms in different countries. From discussions with entrepreneurs we know that this situation has not only been cumbersome for us, but actually everybody who is thinking about starting up a business or widening the operations across country borders is faced with the complex task of deciding on a legal form.
Founding a Global Human Rights Culture for Trade Marks (Elgar Intellectual Property and Global Development series)
by Genevieve WilkinsonThis ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.
Founding Community: A Phenomenological-Ethical Inquiry (Phaenomenologica #143)
by H.P. SteevesPhenomenology, in its traditional encounters with ethics, has commonly aimed at a more descriptive rather than prescriptive goal. The direction of this project, however, is both phenomenological and prescriptive as I attempt to provide a phenomenological foundation for communitarian ethical theory. I argue, following Husserl, that the Ego and the Other arise together in sense and thus we are committed to community in a foundational way. I am always and fundamentally constituted as a member of a community - as a Self among Others - and, given this, there are certain ethical implications. Namely, there is a communal Good of which my good is but a perspective; indeed, it is a perspective on a Good which encompasses the whole of the living world and not just humanity. Consequently, we are foundationally imbedded in a deep community and a deep communitarian ethic.
The Founding Fathers, Pop Culture, and Constitutional Law: Who's Your Daddy?
by Susan BurgessApplying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom up. In this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.
The Founding Fathers, Pop Culture, and Constitutional Law: Who's Your Daddy?
by Susan BurgessApplying innovative interpretive strategies drawn from cultural studies, this book considers the perennial question of law and politics: what role do the founding fathers play in legitimizing contemporary judicial review? Susan Burgess uses narrative analysis, popular culture, parody, and queer theory to better understand and to reconstitute the traditional relationship between fatherhood and judicial review. Unlike traditional, top-down public law analyses that focus on elite decision making by courts, legislatures, or executives, this volume explores the representation of law and legitimacy in various sites of popular culture. To this end, soap operas, romance novels, tabloid newspapers, reality television, and coming out narratives provide alternative ways to understand the relationship between paternal power and law from the bottom up. In this manner, constitutional discourse can begin to be transformed from a dreary parsing of scholarly and juristic argot into a vibrant discussion with points of access and understanding for all.
Founding Moments in Constitutionalism
by Richard Albert Menaka Guruswamy Nishchal BasnyatFounding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries.This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Founding Moments in Constitutionalism
Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries.This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
The Fountain of Youth: Cultural, Scientific, and Ethical Perspectives on a Biomedical Goal
by Stephen G. Post Robert H. BinstockA wide variety of ambitions and measures to slow, stop, and reverse phenomena associated with aging have been part of human culture since early civilization. From alchemy to cell injections to dietary supplements, the list of techniques aimed at altering the processes of aging continues to expand. Charlatans, quacks, and entrpreneurs proffering anti-aging products and practices have always exploited uniformed customers and instilled doubt and apprehension toward practices intended to extend life. Recently, however, the pursuit of longevity has developed into a respectable scientific activity. Many biologists are substantially funded by the government and the private sector to conduct research that they believe will lead to effective anti-aging interventions. While many embrace this quest for "prolongevity"--extended youth and long life--others fear its consequences. If effective anti-aging interventions were achieved, they would likely bring about profound alterations in the experiences of individual and collective life. What if aging could be decelerated to the extent that both average life expectancy and maximum life span would increase by forty percent? What if all humans could live to be centenarians, free of the chronic diseases and disabilities now commonly associated with old age? What if modern scientists could find the modern equivalent to the Fountain of Youth that Ponce de Leon sought? This book addresses these questions by exploring the ramifications of possible anti-aging interventions on both individual and collective life. Through a series of essays, it examines the biomedical goal of prolongevity from cultural, scientific, religious, and ethical perspectives, offering a sweeping view into the future of aging.
The Four Dilemmas of the CEO: Mastering the make-or-break moments in every executive’s career
by Tom Biesinger Ross Wall Clifford HerbertsonMomentum is your greatest ally – with it you can do anything, without it you will stall. As CEO you hate surprises, especially the kind that undermines momentum - yours or the organization you lead. Every CEO's journey is unique. However, there exists a very predictable, but previously unknown pattern: the CEO life cycle. The Four Dilemmas of the CEO outlines the common challenges that every CEO will face during their tenure, irrespective of geography or industry. Once understood, action can be taken to break through these glass ceilings that cause CEOs to get stuck in the business, while their mandate for working on the business is continually diverted. Framed within the life cycle of a CEO, the Four Dilemmas are: 1. You're in charge of everything, but cannot completely trust anything.2. You know that today's executive cannot deliver tomorrow's results.3. How do you engage the full capability of your executive on the business when their reputations were earned working in the business?4. At what point does the price of remaining personally relevant outweigh your other options? In the first book to focus on the life cycle of a CEO, the authors draw on decades of international experience, both as former CEOs and trusted advisers, to show every executive how to recognize and anticipate the individual dilemmas, master them, and accelerate through them.