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Legal Rules and International Society
by Anthony Clark ArendThis book provides an interdisciplinary examination of international law by addressing four critical questions: How are international legal rules distinctive? How does an investigator determine the existence of a rule of international law? Does international law really matter in international politics? and What effect could the changing nature of international relations have on international law? Using Constructivist theory, Arend argues that international law can alter the identity of states, and, consequently, have a profound impact on state behavior.
Legal Scholarship as a Source of Law (SpringerBriefs in Law)
by Fábio P. ShecairaThis book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Legal Scholarship as a Source of Law
by Fábio Perin ShecairaThis book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems. Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments.
The Legal Significance of the Declarations of the General Assembly of the United Nations
by Obed Y. AsamoahMr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.
Legal Signs Fascinate: Kevelson's Research on Semiotics (SpringerBriefs in Law)
by Jan M. Broekman Frank FleerackersThis engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson (1931-1998). It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars.
Legal Skills: (pdf)
by Stefan Fafinski Emily FinchThe number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations.
Legal Skills
by Emily Finch Stefan FafinskiThe best-selling legal skills textbook in the market, Legal Skills is the essential guide for law students, encompassing all the academic and practical skills in one manageable volume. It is an ideal text for students new to law, helping them make the transition from secondary education and giving them the skills they need to succeed from the beginning of their degree, through final year exams and dissertations. The first part covers 'Sources of Law' and includes information on finding and using legislation and case law, ensuring an understanding of where the law comes from and how to use it. The second part covers 'Academic Legal Skills' and provides advice on study, writing, and exam skills, alongside topics such as legal reasoning and referencing. The third and final part is dedicated to 'Practical Legal Skills' that students are likely to require for their course and beyond, covering skills such as mooting, presentations, and negotiation. The text contains many useful features designed to support a truly practical and self-reflective approach to legal skills, including self-test questions, diagrams and practical activities. Students are given the opportunity to take a hands-on approach to tackling a variety of legal skills from using cases to negotiation. Digital formats and resources: The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The study tools that enhance the e-book are all also available as stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensive range of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations. - These resources have been developed to enhance students' understanding of and engagement with the text, bring aspects of it to life, and help develop legal skills further.
Legal Skills (PDF)
by Lisa Cherkassky Peter Morgan Neil Carter Martin Sedgley Lorraine Lucas Julia Cressey Christopher Gale Jessica Guth Ilias Kapsis Robin Lister William Onzivu Steve Rook Jackie FordThis is a comprehensive and accessible guide to the academic and practical skills needed in the study of law, including essential techniques for legal research, reasoning, writing, advocacy, negotiation, interviewing and advising.
Legal Skills (PDF)
by Stefan Fafinski Emily FinchThe number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations. · Written in an accessible and friendly style, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills · Self-test questions and practical activities throughout allow students to take a hands-on approach to learning a wide range of legal skills · Diagrams, screenshots and examples used frequently to illustrate key concepts · New chapter on drafting skills, introducing writing skills necessary in legal practice · New 'skills beyond study' feature which helps students identify the transferability of legal skills · Updated coverage of the impact of Brexit and retained EU law · New section on taking care of yourself during the assessment period and how to find support for mental health and accessibility · Videos on presentation, mooting, and negotiation refreshed Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The study tools that enhance the e-book are all also available as stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensive range of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.
Legal Skills (PDF)
by Emily Finch Stefan FafinskiThe best-selling legal skills textbook in the market, Legal Skills is the essential guide for law students, encompassing all the academic and practical skills in one manageable volume. It is an ideal text for students new to law, helping them make the transition from secondary education and giving them the skills they need to succeed from the beginning of their degree, through final year exams and dissertations.
Legal Spaces: Towards a Topological Thinking of Law
by Sabine Müller-MallThis book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.
The Legal Status of Aircraft: Proefschrift ter Verkrijging van de Graad van Doctor in de Rechtsgeleerdheid aan de Rijksuniversiteit te Leiden, op Gezag van de Rector Magnificus Dr A. E. van Arkel, Hoogleraar in de Faculteit der Wis- en Natuurkunde, Tegen de Bedenkingen van de Faculteit der Rechtsgeleerdheid te Verdedigen op Woensdag 13 Juni, 1956 te 14 Uur
by Jan Piet HonigI . Historical survey The legal status of aircraft is a problem that has given rise to innumerable questions ever since the earliest years of aviation. But the majority of these questions only relate to certain aspects of the legal status of aircraft, and the problem as a whole has hardly been studied at all. The evolutionary process in the study of a number of facets of the problem is outlined below. Nationality The question of the nationality of aircraft has always received a lot of attention. As far as the principle is concerned, there can be little dispute on this point nowadays. The subject of the nationality of aircraft was discussed at the aviation conferences which led to the Paris Convention in 1919, the Ibero-American Convention in 1926, the Havana Convention in 1928 and the Chicago Convention in 1944. According to Article 6 of the Paris Convention of 1919, an aircraft possesses the nationality of the State on whose register it is entered. The Ibero-American Convention of 1926 and the Pan-American Convention signed at Havana in 1928 start from the same principle.
Legal Status of Government Merchant Ships in International Law
by Thamarappallil Kochu ThommenThis book is devoted to an examination of the legal status of govern ment merchant ships while on the high seas or in the waters of foreign states in time of peace. The object of this examination is to ascertain whether there is any rule of international law which accords such a ship a higher status than that of private merchant ships. Whether government merchant ships, unlike private ships, are entitled to certain immunities from the jurisdiction of foreign states is the question that we have set out to answer in this book. A discussion of the rules concerning the nationality of such a ship or the jurisdiction of the flag state over her does not find a place in this work. A government merchant ship may be defined as a merchant ship l owned or operated by a state. Immunity of a ship here means the exemption of a government ship from the jurisdiction of any state other than the flag state. This term also connotes the immunity of the flag state from the jurisdiction of the tribunals of foreign states in respect of proceedings connected with such a ship. Immunity of persons means the exemption of persons in the service of a govern ment ship, or other persons on board her, from the jurisdiction of any state other than the flag state.
The Legal Status of the Caspian Sea: Current Challenges and Prospects for Future Development
by Barbara Janusz-PawlettaThis book analyzes the legal and economic situation concerning the removal and allocation of the natural resources in the Caspian Sea – the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with great fishery resources, but is also rich in oil and gas deposits. The economic advantages gained from the development of oil and gas are the basis for the economic and social development of the riparian states, but also cause significant transboundary harm to the ecosystem of the Caspian Sea. The book contends that, if the local environment grows more heavily contaminated through the extraction of mineral resources, it could lead to environmentally induced violence. It describes the ongoing conflicts, which are primarily due to various riparian states’ territorial claims concerning the extraction of oil and gas resources, and argues that the current legal framework on the use and protection of the Caspian Sea is obsolete. Thus, the main objective of the book is to point out corresponding international legal mechanisms that could be used in order to settle these disputes and protect the Caspian Sea’s fragile environment from transboundary harm.
The Legal Status of the Caspian Sea: Current Challenges and Prospects for Future Development
by Barbara Janusz-PawlettaThis book analyzes the legal and economic situation concerning the removal and allocation of natural resources in the Caspian Sea – the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with tremendous fishery resources, but is also rich in oil and gas deposits. After more than 20 years of negotiations, the five littoral states signed the Convention on the Legal Status of the Caspian Sea in August 2018.This book investigates whether this long-awaited agreement may pave a way forward for the sustainable and peaceful development of the Caspian region. The newly introduced regulations on the delimitation of the boundaries, on the Caspian Sea’s natural resources (especially its fossil fuels) and on the transport of goods by shipping and submarine pipelines, are of utmost importance for the successful participation of the Caspian states in global markets. In addition to a detailed analysis of the Convention, the book offers an up-to-date and comprehensive overview of the historical background and current status of issues that are of critical importance for the region’s development and security.
The Legal Status, Privileges and Immunities of the Specialized Agencies of the United Nations and Certain Other International Organizations
by Kuljit AhluwaliaThe past century has been a period of revolutionary change in many fields of human activity, in institutions and in thought. This period has seen the need of adjustment of state institutions and legal concepts to the needs of greater international cooperation. During the half century preceding the First World War, cooperation by governments outside the traditional diplomatic channels and procedures was largely limited to highly technical organizations, commonly referred to as public international unions, dealing with such matters as the im provement of postal communications and the control of contagious diseases. With the establishment of the League of Nations and the International Labor Organization at the end of the First World War, organized international cooperation assumed greater importance and the need was recognized of giving to the instruments of such cooper ation legal status and rights which would facilitate the effective performance of their functions. This proved to be a difficult adjustment for legal theory to make since the enjoyment of special privileges and immunities had been based in traditional international law on the fiction of state sovereignty. The new international organizations, while performing functions of the kind performed by national govern ments, were far from possessing the powers of such governments. The failure of the League of Nations to achieve its major purpose did not signify any permanent decline in the role of organized inter national cooperation.
Legal Stories: Narrative-Based Property Development in the Modern Copyright Era
by Gregory SteirerTracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. Steirer’s expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett’s Sam Spade, H. P. Lovecraft’s Cthulhu Mythos, and Robert E. Howard’s Conan the Barbarian, Steirer provides a ground’s eye view of how copyright law has operated and evolved in practice.
Legal Strategies: How Corporations Use Law to Improve Performance
by Antoine Masson Mary J. ShariffFar from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.
Legal Study on China’s Sovereignty over the Nansha Islands
by Cuibai Yang Qianwen ZhangThis book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities.In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.
The Legal System: (PDF) (Core Texts Ser.)
by Kate Malleson Richard MoulesThe Legal System provides an overview of the institutions, personnel, and procedures that make up the legal system in England and Wales. Current changes are explained and critically evaluated, and the text explores a number of key competing themes and underlying tensions which run through the legal system. These are identified in the first chapter and then illustrated through concise exposition and practical examples in the following substantive chapters. Brief summaries at the beginning of each chapter enable students to assess the key points of study quickly and easily. Meanwhile further reading lists, useful web site links, and self-test questions at the end of chapters allow students to research the subject in more depth, and to test their understanding of this important area of study. This is an ideal introduction to the subject; the concise volume successfully combines key principles with thought-provoking questions, and points the way for further study and more in-depth analysis.
The Legal System of Art Auction in China
by Zhen ZhengThis book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.
Legal Systems And Skills: Learn, Develop, Apply (PDF)
by Judith Embley Peter Goodchild Catherine Shephard Scott SlorachLegal Systems And Skills
Legal Systems And Skills: (pdf)
by Peter Goodchild Judith Embley Catherine Shephard Scott SlorachThe most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability. Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. · Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law · Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes · Comprehensive content on employability, including CV preparation and transferable skills, alongside features like 'Practice tip', 'What the professionals say' and 'Selling your skills' · Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology · New content on retained EU law, following post-Brexit changes · New chapter on revision and assessment including topics on SBAQs, online assessment, and physical and mental wellbeing Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions and links to useful websites for each chapter, interactive diagrams, guidance on the practical exercises, and sample interview questions.
Legal Tech als Motor für die deutsche Wirtschaft: Einflussfaktor der digitalisierten Rechtsdienstleistung auf unternehmerisches Handeln
by Cathleen HesselbarthDie Globalisierung und die damit einhergehende Vernetzung der Märkte führt zu einem steigenden Wettbewerbsdruck für Unternehmen. Mit diesem Globalisierungseffekt geht ein Anstieg des juristischen Regelungsbedarfs einher, so dass die Unternehmen vor der Herausforderung stehen, die rechtlichen Blickwinkel sowohl in ihren strategischen als auch in ihren operativen Entscheidungen mit einzubeziehen. Gerade kleine und mittelständische Unternehmen haben strukturell bedingt meist keine eigene Rechtsabteilung oder juristisches Fachpersonal, auf die sie bei der Bearbeitung solcher Themen zurückgreifen können. Somit stehen Sie vor der Wahl, sich stetig rechtlich beraten zu lassen oder tragen das Risiko von Fehlern und möglichen Bußgeldern, was zu einer Verschlechterung der Wirtschaftlichkeit führen kann. Die Unternehmen übertragen damit den steigenden wirtschaftlichen Druck auch auf den juristischen Sektor, der seine Dienstleistungen immer schneller und kostengünstiger anbieten muss. Gerade der juristische Bereich ist durch die Ressource Mensch geprägt, deren Kapazitäten endlich sind. Dr. Cathleen Hesselbarth zeigt, dass Legal-Tech-Anwendungen eine sinnvolle Ergänzung darstellen können, um den Zwiespalt zwischen begrenzten Ressourcen und immer schneller benötigten Informationen zu verringern und schafft gleichzeitig eine fachübergreifende Verbindung zwischen Wirtschaft und Recht.
Legal Tech and the New Sharing Economy (Perspectives in Law, Business and Innovation)
by Toshiyuki Kono Nikolaus Forgó Marcelo Corrales Compagnucci Shinto Teramoto Erik P. M. VermeulenThe exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.