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The French Civil Code (UT Austin Studies in Foreign and Transnational Law)
by Jean-Louis HalperinThis book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.
French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law)
by Jean-Sébastien Borghetti Simon WhittakerThe French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law)
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France
by Jacqueline HodgsonBasing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority.An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways.This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.
French Law: A Comparative Approach
by Eva SteinerThe second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.
French Law: A Comparative Approach
by Eva SteinerThe second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.
French Legal Cultures (Law In Context Ser.)
by John BellThis important new textbook compares civil and common law systems using the French legal system as its basis. Focusing on the four main branches of French Law: civil, criminal, administrative and constitutional law, the book examines the way that the judiciary, lawyers and academics operate within them.
French Philosophy and Social Theory: A Perspective for Ethics and Philosophy of Management (Ethical Economy #49)
by Jacob Dahl RendtorffThis book demonstrates how the conceptual resources of contemporary French philosophy from the early 20thCentury to the present day can be applied to give us new perspectives on business ethics and the ethics of organizations. In providing an overview of possible applications, the book covers a wide range of philosophers, philosophical movements and perspectives and provides detailed analyses of core materials relevant to business ethics. It explores and analyzes French philosophy, taking into account phenomenology, existentialism, French epistemology, structuralism, post-structuralism, deconstruction and postmodernism as well as recent discussions of philosophy of organizations and management.Each chapter contains suggestions for further reading and educational illustrations of possible applications to the mainstream business ethics and ethics of organization literature.
French Philosophy of Technology: Classical Readings and Contemporary Approaches (Philosophy of Engineering and Technology #29)
by Sacha Loeve Xavier Guchet Bernadette Bensaude VincentOffering an overall insight into the French tradition of philosophy of technology, this volume is meant to make French-speaking contributions more accessible to the international philosophical community. The first section, “Negotiating a Cultural Heritage,” presents a number of leading 20th century philosophical figures (from Bergson and Canguilhem to Simondon, Dagognet or Ellul) and intellectual movements (from Personalism to French Cybernetics and political ecology) that help shape philosophy of technology in the Francophone area, and feed into contemporary debates (ecology of technology, politics of technology, game studies). The second section, “Coining and Reconfiguring Technoscience,” traces the genealogy of this controversial concept and discusses its meanings and relevance. A third section, “Revisiting Anthropological Categories,” focuses on the relationships of technology with the natural and the human worlds from various perspectives that include anthropotechnology, Anthropocene, technological and vital norms and temporalities. The final section, “Innovating in Ethics, Design and Aesthetics,” brings together contributions that draw on various French traditions to afford fresh insights on ethics of technology, philosophy of design, techno-aesthetics and digital studies. The contributions in this volume are vivid and rich in original approaches that can spur exchanges and debates with other philosophical traditions.
Frenemies (and Why This Matters): The Epic Disruption Of The Ad Business (and Everything Else)
by Ken AulettaAn intimate and profound reckoning with the changes buffeting the $2 trillion global advertising and marketing business from the perspective of its most powerful players, by the bestselling author of Googled
Frequently Asked Questions in International Standards on Auditing
by Steven CollingsAuditing has hit the headlines over recent years, and for all the wrong reasons, and in today’s environment, the result of negligent auditing can be serious resulting in sizeable fines and even withdrawal of audit registration which can be costly in terms of fee income. Frequently Asked Questions in International Standards on Auditing presents the relevant standards in a concise and jargon-free way, enabling auditors to appreciate the reasoning behind the standards and undertake audit work effectively. This book focuses on the main areas of the auditing standards and also addresses some key areas where audit firms are failing and which have been flagged up by audit regulators. The FAQs cover the main parts of each standard, and each question will be answered in a practical context, with worked examples showing how the standards are applied in real situations.
Frequently Asked Questions in International Standards on Auditing
by Steven CollingsAuditing has hit the headlines over recent years, and for all the wrong reasons, and in today’s environment, the result of negligent auditing can be serious resulting in sizeable fines and even withdrawal of audit registration which can be costly in terms of fee income. Frequently Asked Questions in International Standards on Auditing presents the relevant standards in a concise and jargon-free way, enabling auditors to appreciate the reasoning behind the standards and undertake audit work effectively. This book focuses on the main areas of the auditing standards and also addresses some key areas where audit firms are failing and which have been flagged up by audit regulators. The FAQs cover the main parts of each standard, and each question will be answered in a practical context, with worked examples showing how the standards are applied in real situations.
Fresh Produce Shipping: Damages and Compensation (Maritime and Transport Law Library)
by Rex C. TesterThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocol. A valuable guide and comprehensive reference for parties seeking compensation for lost or damaged goods, this book will be of relevance to shippers and importers of fresh produce, lawyers acting for commercial clients and underwriters, cargo surveyors, trade bodies around the world representing fresh produce operators, and forwarders wishing to support their clients.
Fresh Produce Shipping: Damages and Compensation (Maritime and Transport Law Library)
by Rex C. TesterThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocol. A valuable guide and comprehensive reference for parties seeking compensation for lost or damaged goods, this book will be of relevance to shippers and importers of fresh produce, lawyers acting for commercial clients and underwriters, cargo surveyors, trade bodies around the world representing fresh produce operators, and forwarders wishing to support their clients.
A Fresh View on the Outer Space Treaty (Studies in Space Policy #13)
by Annette FroehlichOn the occasion of the 50th anniversary of the Outer Space Treaty this book gives a first insight into where the next generation considers room for further improvement of the Outer Space Treaty in order to cope with upcoming aspects such as providing solutions for the emerging commercial, economic, environmental and social questions. At the time of the adoption of the Outer Space Treaty in 1967 the purpose of this treaty was to avoid conflicting military situations in space. However, 50 years later the Outer Space Treaty is in demand to meet the ever increasing space activities and the different actors involved such as the rise of the private sector players.
Fresh Water in International Law
by Laurence Boisson de ChazournesThis book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.
Fresh Water in International Law
by Laurence Boisson de ChazournesThis book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses, yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.
Freshwater Governance for the 21st Century (Global Issues in Water Policy #6)
by Eiman KararThe objective of this book is to broadly illustrate the key aspects of water governance, mapping the spectrum of decision-making from techno-centric and eco-centric approaches, to hybrid concepts and people-centric approaches. Topics covered include the challenges for water-governance models, the polycentric model, the integration challenge, water in the decision-making hierarchy, and the rise of water-sensitive design, while also taking into account interdependencies between stakeholders, as well as the issue of scale. The book’s content is presented in an integrated and comprehensive format, building on detailed case studies from around the world and the authors’ working experiences in the water sector. Combining essential insights with accessible, non-technical language, it offers a valuable resource for academics, technicians and policy-makers alike.
Freud, the Contemporary Super-ego, and Western Morality: An Essay on Psychopolitics
by Giosuè GhisalbertiFreud, the Contemporary Super-ego, and Western Morality traces the origins of the relationship between the morality of the super-ego and the destructive impulse of the death drive in the liberal democracies of the 21st century. Giosuè Ghisalberti begins by refuting the analysis by contemporary social theorists of the phenomenon described as "the return of the religious," presenting instead a comprehensive set of ideas as outlined by Freud in the writings of the 1920s and the analysis of a contemporary theological-political unconscious. Ghisalberti argues that the psyche of the liberal West has regressed to an infantile and primitive present, driven by an unconscious hostility towards the Oedipus complex and, more comprehensively, to Western civilization as a whole. The book re-examines Freud’s psychoanalytic ideas on the nature of obsessions, interpreted first from the murder of the primal father in Totem and Taboo, and turns to his grounding ideals of intelligence, creativity, and freedom as the affirmation of the coming-to-be-human in modernity. Freud, the Contemporary Super-ego, and Western Morality will be of great interest to psychoanalysts in practice and in training. It will also be key reading for academics and scholars of psychoanalytic studies, philosophy, political theory and the humanities.
Freud, the Contemporary Super-ego, and Western Morality: An Essay on Psychopolitics
by Giosuè GhisalbertiFreud, the Contemporary Super-ego, and Western Morality traces the origins of the relationship between the morality of the super-ego and the destructive impulse of the death drive in the liberal democracies of the 21st century. Giosuè Ghisalberti begins by refuting the analysis by contemporary social theorists of the phenomenon described as "the return of the religious," presenting instead a comprehensive set of ideas as outlined by Freud in the writings of the 1920s and the analysis of a contemporary theological-political unconscious. Ghisalberti argues that the psyche of the liberal West has regressed to an infantile and primitive present, driven by an unconscious hostility towards the Oedipus complex and, more comprehensively, to Western civilization as a whole. The book re-examines Freud’s psychoanalytic ideas on the nature of obsessions, interpreted first from the murder of the primal father in Totem and Taboo, and turns to his grounding ideals of intelligence, creativity, and freedom as the affirmation of the coming-to-be-human in modernity. Freud, the Contemporary Super-ego, and Western Morality will be of great interest to psychoanalysts in practice and in training. It will also be key reading for academics and scholars of psychoanalytic studies, philosophy, political theory and the humanities.
Friction Ridge Skin: Comparison and Identification of Fingerprints
by James F. CowgerHere is a complete guide to the collection, classification, and comparison of friction skin prints and the determination of identity and nonidentity. It discusses: the cause and significance of variations in prints; the importance of class characteristics in print; the application of probability in decision making; and photographic techniques and considerations.
Friction Ridge Skin: Comparison and Identification of Fingerprints (Practical Aspects Of Criminal And Forensic Investigation Ser. #Vol. 2)
by James F. CowgerHere is a complete guide to the collection, classification, and comparison of friction skin prints and the determination of identity and nonidentity. It discusses: the cause and significance of variations in prints; the importance of class characteristics in print; the application of probability in decision making; and photographic techniques and considerations.
Frieden durch Recht – Anfragen an das liberale Modell: Frieden und Recht • Band 6 (Gerechter Frieden)
Frieden und Recht bilden einen komplexen Zusammenhang. International schafft das Recht wichtige Rahmenbedingungen für die Begrenzung von Gewalt, ist im Völkerrecht sogar das Gewaltverbot verankert. Dennoch bleiben gewalttätige, kriegerische Auseinandersetzungen Realität. Vor diesem Hintergrund stellen sich auch Anfragen an das Konzept „Frieden durch Recht“. Dieses wird im Band kritisch reflektiert und weitergedacht. Wie tragfähig ist dieses liberale Modell, welche Anfragen und Herausforderungen stellen sich in der Gegenwart? Die Autorinnen und Autoren stellen sich diese Fragen aus evangelischer, katholischer, philosophischer rechtswissenschaftlicher und rechtsphilosophischer Perspektive.
Frieden durch Recht – Rechtstraditionen und Verortungen: Frieden und Recht • Band 5 (Gerechter Frieden)
Das Völkerrecht gilt als eine der zentralen Friedensstrategien. Zugleich ist das Paradigma „Frieden durch Recht“ nicht unumstritten. Es speist sich aus verschiedenen Rechtstraditionen, die jeweils einen eigenen Interessenschwerpunkt vornehmen.Welche Aspekte hierbei zentral sind und welche Implikationen sich aus den jeweiligen juristischen Diskursen in der Rechtstradition für die Debatte um die rechtserhaltende Gewalt ergeben, steht im Zentrum des Bandes. Er nimmt verschiedene Rechtstraditionen vergleichend in den Blick. Dabei wird der Fokus insbesondere auf die ständigen Mitglieder des UN-Sicherheitsrates und Deutschland gelegt.