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Legal Integration of Islam: A Transatlantic Comparison
by Christian JoppkeChristian Joppke and John Torpey show how four liberal democracies—France, Germany, Canada, and the U.S.—have responded to the challenge of integrating Muslim populations. Demonstrating the centrality of the legal system to this process, they argue that institutional barriers to integration are no greater on one side of the Atlantic than the other.
Legal Integration of Islam: A Transatlantic Comparison
by Christian JoppkeChristian Joppke and John Torpey show how four liberal democracies—France, Germany, Canada, and the U.S.—have responded to the challenge of integrating Muslim populations. Demonstrating the centrality of the legal system to this process, they argue that institutional barriers to integration are no greater on one side of the Atlantic than the other.
Legal Intermediation: A Processual Approach to Law and Economic Activity (Studies in Law, Politics, and Society #81)
by Austin SaratThis volume of Studies in Law, Politics and Society considers the crucial role played by intermediaries, such as companies and lawyers, in the legal system.In this special issue, scholars from different disciplines find that, in some instances, legal intermediation can succeed in fulfilling the initial goals of regulation. However, in re-evaluating the role of the legal devices that organizations set up to comply with regulation, this volume also illustrates their diverse impact on legality and legal consciousness in organizations and in economic life.With a broad range of case studies covering anti-discrimination law, financial rules, competition law, labour law and health and safety procedures, this European-focused volume makes an important contribution to the scholarship in this field.
Legal Intermediation: A Processual Approach to Law and Economic Activity (Studies in Law, Politics, and Society #81)
by Austin SaratThis volume of Studies in Law, Politics and Society considers the crucial role played by intermediaries, such as companies and lawyers, in the legal system.In this special issue, scholars from different disciplines find that, in some instances, legal intermediation can succeed in fulfilling the initial goals of regulation. However, in re-evaluating the role of the legal devices that organizations set up to comply with regulation, this volume also illustrates their diverse impact on legality and legal consciousness in organizations and in economic life.With a broad range of case studies covering anti-discrimination law, financial rules, competition law, labour law and health and safety procedures, this European-focused volume makes an important contribution to the scholarship in this field.
Legal Interpretation: Perspectives from Other Disciplines and Private Texts
by Kent GreenawaltIn Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
Legal Interpretation and Scientific Knowledge
by David Duarte Pedro Moniz Lopes Jorge Silva SampaioThis book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Legal Interpretation in International Commercial Arbitration (Law, Language and Communication)
by Joanna JemielniakThis book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Legal Interpretation in International Commercial Arbitration (Law, Language and Communication)
by Joanna JemielniakThis book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Legal Interpretation of Tax Law (Series on International Taxation)
by Robert F. van Brederode, Richard KreverSeries on International Taxation Volume 46 Legal Interpretation of Tax Law is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level. What’s in this book: Leading experts from fourteen jurisdictions – ranging from long-standing common law and civil law countries to emerging economies and transitional economies shifting from socialist to market systems – provide detailed analysis and commentary on such tax law topics and issues as: methods of tax law interpretation used in each jurisdiction; how the judiciary is organized in each jurisdiction as regards tax law; the role, if any, of the central government’s high court in providing precedent and guidelines for interpretation; external sources a court can consider when interpreting legislation; constitutional restrictions on the interpretation of legislation; prevalence of the General Anti-Avoidance Rule (GAAR); ‘transplanted’ categories (undefined terms that are clarified through the meaning of those same terms in another law); the concept of ‘ordinary income’; the concept of ‘capital’ expenses; interpretation of tax treaties; interpretation of key concepts in VAT and GST law, and interrelation of judicial interpretation and administrative interpretation. The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation – designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines. How this will help you: This book helps practitioners and academics gain insight into how tax law and its provisions, in general and in particular, are likely to be applied to different types of cross-border transactions and investments. This unmatched resource thus serves as a handbook of information to tax departments and their advisors, tax lawyers working for international law firms and accounting firms, and in-house tax professionals working for multinational companies.
Legal Issues for Arts Organizations: A Practical Guide (Discovering the Creative Industries)
by Kristi W. ArthLegal issues touch every aspect of organizations in the creative and cultural sectors. This book teaches non-lawyer, arts administration professionals and students how to identify and manage legal issues common to arts organizations.Legal Issues for Arts Organizations demystifies common legal problems and helps readers to approach them proactively. With an easy-to-remember “issue-spotting” process, the book helps develop the average administrator’s “eye” for legal issues, so that the administrator knows when to do more research and when to seek out professional legal assistance. Written by a law professor and former intellectual property litigator with experience in arts policy and administration, this book provides a framework that arts professionals can use to navigate legal issues with increased confidence. It provides an overview of the American legal system, teaches a systematic process for identifying legal issues, trains administrators to read and understand contracts, gives practical advice for working with professional lawyers, and puts theory into practice with an applied learning component.Packed with practical tips and advice, this book provides a primer that every arts administrator and every arts- and nonprofit-management student will find immediately useful.A book adoption gift containing teaching support materials is available to instructors. To gain access, visit www.routledge.com/9780367771133.
Legal Issues for Arts Organizations: A Practical Guide (Discovering the Creative Industries)
by Kristi W. ArthLegal issues touch every aspect of organizations in the creative and cultural sectors. This book teaches non-lawyer, arts administration professionals and students how to identify and manage legal issues common to arts organizations.Legal Issues for Arts Organizations demystifies common legal problems and helps readers to approach them proactively. With an easy-to-remember “issue-spotting” process, the book helps develop the average administrator’s “eye” for legal issues, so that the administrator knows when to do more research and when to seek out professional legal assistance. Written by a law professor and former intellectual property litigator with experience in arts policy and administration, this book provides a framework that arts professionals can use to navigate legal issues with increased confidence. It provides an overview of the American legal system, teaches a systematic process for identifying legal issues, trains administrators to read and understand contracts, gives practical advice for working with professional lawyers, and puts theory into practice with an applied learning component.Packed with practical tips and advice, this book provides a primer that every arts administrator and every arts- and nonprofit-management student will find immediately useful.A book adoption gift containing teaching support materials is available to instructors. To gain access, visit www.routledge.com/9780367771133.
Legal Issues for Implementing the Clean Development Mechanism in China
by Xiaoyi JiangToday, climate change is among the most hotly-debated topics. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. This book discusses what China should do to make full use of the CDM to promote sustainable development and to meet the challenge of climate change from a legal perspective. The findings lead to the conclusion that the CDM has limitations in promoting sustainable development in China, and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward, and some proposals for China to meet the challenge of climate change in the post-2012 era are made.This book offers new insights to academics and policymakers both in the public and private sector. It is intended for legal practitioners and researchers on carbon trading as well as policymakers interested in the role of developing countries in climate change law. In addition, it is of interest to stakeholders of CDM projects.
Legal Issues in Mental Health Care
by B.A. Weiner R. WettsteinI. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.
Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law
by Nade 382 Da SiskováLegal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law <span style="font-family:"Trebuchet MS",sans-serif; mso-bidi-font-family:"Times New Roman";mso-bidi-font-weight:bold">By Nadežda Šišková, (ed.) <span style="font-family:"Trebuchet MS",sans-serif;mso-bidi-font-family:"Times New Roman"; mso-bidi-font-style:italic">The current extremely rapid and dynamic development of modern technologies and the unprecedented degree of their integration into the everyday life of every person are radically changing the previous modus vivendi in the society. <span style="font-family:"Trebuchet MS",sans-serif;mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:"Times New Roman";color:black; mso-fareast-language:EN-GB;mso-bidi-font-style:italic">The emergence of the Internet and the continuous development of digital technologies have brought into fore a number of new legal problems and issues that require a timely solution and proper and effective legal regulation by the EU as one of the leading regulators of the digital world. The technological developments have opened a new “window” to the borderless world of the Internet, giving a person an opportunity to exercise his/her fundamental rights at a new and unprecedented level. <span style="font-family:"Trebuchet MS",sans-serif;mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:"Times New Roman";color:black; mso-fareast-language:EN-GB;mso-bidi-font-style:italic">This unique book thus presents the key information and solves the related problems concerning the legal regulation of the usage of modern technologies in everyday life. <span style="font-family:"Trebuchet MS",sans-serif;mso-bidi-font-family:"Times New Roman"; mso-bidi-font-style:italic">The book is conceived in a form of a collective monograph prepared by an international team of renowned researchers from famous European Universities <span style="font-family:"Trebuchet MS",sans-serif; mso-bidi-font-style:italic">(Heidelberg University, Palacky University in Olomouc, Tallinn University of Technology, Comenius University in Bratislava and Shevchenko University in Kyiv) <span style="font-family: "Trebuchet MS",sans-serif;mso-bidi-font-family:"Times New Roman";mso-bidi-font-style: italic">and scientific legal societies as well as top-level experts from practice. This team is representing the countries with the highest level of integration of modern technologies <span style="font-family: "Trebuchet MS",sans-serif;mso-bidi-font-style:italic">(Estonia, Germany, Czech Republic, Slovakia) <span style="font-family:"Trebuchet MS",sans-serif; mso-bidi-font-family:"Times New Roman";mso-bidi-font-style:italic">or has a unique experience with provision of cyber security in the extreme conditions. <span style="font-family:"Trebuchet MS",sans-serif;mso-bidi-font-weight:bold; mso-bidi-font-style:italic">The book creates a main output from the research project with the title “The EU and the Challenges of Modern Society (legal issues of digitalization, robotization, cyber security and prevention of hybrid threats)” granted by the EACEA in the category of Jean Monnet network. <span style="font-family:"Trebuchet MS",sans-serif;mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:Calibri;color:black;mso-fareast-language: EN-GB;mso-bidi-font-weight:bold;mso-bidi-font-style:italic">The publication of the book is supported by the financial subsidy in the amount of 3 000 Euro, sent by Palacky University to the Publisher (Intersentia). <span style="font-family:"Trebuchet MS",sans-serif;mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:"Times New Roman";color:black; mso-fareast-language:EN-GB;mso-bidi-font-weight:bold;mso-bidi-font-style:italic">Topics that the authors focus on: <p style="margin-top:0cm;margin-right:0cm
Legal Issues of European Integration: Law Review of the Europa Instituut, University of Amsterdam
by D. Gijlstra, H. G. Schermers and E. L. M. Völker
Legal Issues of International Law from a Gender Perspective (Gender Perspectives In Law Ser. #3)
by Ivana Krstić Marco Evola Maria Isabel Ribes Moreno
Legal Issues of Mobile Apps: A Practical Guide
by Ioannis IglezakisIn less than ten years touchscreen smartphones and their apps have created an unprecedented technological revolution. Yet they are rife with serious potential for breaches of privacy and security, and a lack of uniform rules makes navigation of the legal landscape extremely difficult. Addressing this unstable regulatory environment, this concise, practical guide for the first time provides a measure of legal certainty. It examines case law and legislation in Europe and the United States to highlight the rights and obligations of all actors involved in the marketing of mobile apps, bring to light essential principles and recommend some viable solutions. Nine experts, all versed in the latest developments in international and national laws and regulations affecting digital mobile technology, examine such key topics as the following: contract law as applied to the sale and use of smartphone apps; intellectual property rights in mobile apps; protection of users; data protection; European Union (EU) medical device legislation and its safety implications for app users; fitness or wellness apps; apps’ collection of personal data; apps as hostile code and malware delivery mechanisms; competition law issues; taxation of mobile apps; liability issues for app developers and distributors; and implications of the EU’s new regulatory framework on online platforms. Because it is difficult for a basic user to understand how vulnerable everyday apps can be, and because every new information technology platform delivers new risks along with its benefits, legal practitioners working in a wide variety of fields will be increasingly called upon to engage with both personal and enterprise security and privacy breach cases arising from the use of mobile apps. This deeply informed practical analysis goes a long way toward ensuring appropriate handling of legal issues which arise in the mobile app context. Every practitioner, government official and software developer will welcome this much-needed volume.
Legal Issues of the Amsterdam Treaty
by Patrick Twomey David O'KeeffeOriginating in the June 1998 joint conference of the United Kingdom Association for European Law (UKAEL) and the University Association for Contemporary Studies (UACES) and edited by David O'Keeffe and Patrick Twomey,this book brings together a collection of essays that offer critical insights into the institutional and substantive changes to the European Community and Union resulting from the Treaty of Amsterdam. With a preface by Lord Slynn of Hadley, the collection includes essays based on the conference presentations of Joseph Weiler, Anthony Arnull, Alan Dashwood, Franklin Dehousse, Hans Ulrich Jessurun d'Oliveira and Laurens Jan Brinkhorst and some twenty other essays offering the reflections and criticisms of leading academics in the field as well as the unique insights of contributors working within the Community institutions.
Legal Issues on Climate Change and International Trade Law
by Deok-Young ParkThis book provides an excellent overview of the legal issues surrounding climate change mitigation and international trade law. It surveys key observed and potential challenges posed by responses to climate change in terms of international trade law. By examining the controversial issues seen in legal cases in which domestic climate change or renewable energy measures conflicted with international trade regimes, this volume promotes and broadens the understanding and debate of the issues. Beyond the recognized challenges, this book uncovers potential areas of conflict between climate change responses and international trade promotion by exploring previous cases and current efforts to prevent climate change. Furthermore, this volume sheds light on the future direction of international trade law and climate change responses, pointing out that the development of climate change or renewable energy laws and policies must also consider international trade regimes in order to ensure the smooth implementation of said laws and policies and guarantee that international trade laws do not restrict environmental policy space.
Legal Issues Relating to Time Charterparties
by D. Rhidian ThomasLegal Issues Relating to Time Charterparties addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient legal aspects of time charterparties are examined, with the law analysed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade.
Legal Issues Relating to Time Charterparties
by Rhidian ThomasLegal Issues Relating to Time Charterparties addresses all the major questions and issues that arise in connection with time charterparties, examining them in a logical manner, progressively tracing the subject from the creation to the termination of the contract. All the salient legal aspects of time charterparties are examined, with the law analysed in its commercial context, particularly in relation to the various ways in which time charterparties may be used in shipping and international trade.
Legal Knowledge and Analogy: Fragments of Legal Epistemology, Hermeneutics and Linguistics (Law and Philosophy Library #13)
by Alan Mabe3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
Legal Language
by Peter M. TiersmaStatutes, judicial opinions, contracts, deeds, and wills profoundly affect our daily lives, but their language tends to be often nearly impossible to understand. In this lively history of legal language, Peter Tiersma slices through the thicket of legalese, explaining where it comes from, why lawyers continue to cling to it, and why it's doesn't have to be an inevitable feature of our legal system. "Legal Language will resonate with lawyers . . . and any non-lawyer who has waded through legal documents, or has tuned in to the latest trial on Court TV."—Carmie D. Boccuzzi, Jr., Boston Book Review "[A] masterful, highly readable, and enjoyable book. . . . Legal Language is truly a fun book to read."—David Schultz, Law and Politics Book Review
Legal Language and Business Communication
by Anurag K. AgarwalThis book discusses the proper use of legal language in business communication. While communicating, a business leader has to bear in mind the relevant legal framework, and be sure to never violate it. However, legal language in itself can be so complex and difficult that it is often unclear as to what meaning can be ascribed to different words and phrases used in a particular context. Also, while it’s easy to say that there are certain limits to the law, those limits are not readily visible to the uninitiated; occasionally, even experts flounder. Exploring precisely these topics, the book will be of interest to students of business, law, and business communication; managers; lawyers; researchers; practitioners; and general readers alike.
The Legal Language of Scottish Burghs: Standardization and Lexical Bundles (1380-1560) (Oxford Studies in Language and Law)
by Joanna KopaczykThis book offers an innovative, corpus-driven approach to historical legal discourse. It is the first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing on a comprehensive corpus of medieval and early modern legal texts. The book's focus is on legal language in Scotland, where law--with its own nomenclature and its own repertoire of discourse features--was shaped and marked by the concomitant standardizing of the vernacular language, Scots, a sister language to the English of the day. Joanna Kopaczyk's study is based on a unique combination of two methodological frameworks: a rigorous corpus-driven data analysis and a pragmaphilological, context-sensitive qualitative interpretation of the findings. Providing the reader with a rich socio-historical background of legal discourse in medieval and early modern Scottish burghs, Kopaczyk traces the links between orality, community, and law, which are reflected in discourse features and linguistic standardization of legal and administrative texts. In this context, the book also revisits important ingredients of legal language, such as binomials or performatives. Kopaczyk's study is grounded in the functional approach to language and pays particular attention to referential, interpersonal, and textual functions of lexical bundles in the texts. It also establishes a connection between the structure and function of the recurrent patterns, and paves the way for the employment of new methodologies in historical discourse analysis.