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Comparative Federalism: A Study in Judicial Interpretation
by Victor S. MacKinnonModem societies, - like organized societies of all eras, - suffer from antithetical aspirations, from competing institutionalizations of that which is desirable, and that which, though unwelcome, is inevitable. Men clearly see the advantages of localism, of the self determination of small peoples, of l' amour du chocher uninhibited by imperial sovereign ty. At the same time men everywhere are seeing the clear necessity of bigness in organization of national effort. When the question is military organization no one has much doubt that strength derives from power ful union. The Swiss, to be sure, have continued independent not because of their power, but because of the convenience of their in dependent existence. In a world-society of titans, there must be members who are small, respected, independent and unfeared, available to be intermediaries. If Switzerland did not exist, it would have been necessary to invent her. But the power centers are those with the big battalions and the megatons of bombs; both demand great aggregates. Tomorrow's military power structure is calculated in the hundreds of millions of people. The world will afford only a few Switzerlands. The drive toward bigness is as inevitable in the economic world as in that of destructive machines. Economic problems in the next century, and in the next after it, will require the concentrated re sources of the nations; we must produce adequate food for the billions, or else billions will war against billions.
Comparative Judicial Review (Research Handbooks in Comparative Constitutional Law series)
by Erin F. Delaney Rosalind DixonConstitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book’s comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.
Comparative Law and Anthropology (Research Handbooks in Comparative Law series)
by James A. R. NafzigerThis cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is "ground up" without regard to unified paradigms of research or objects of study. Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook’s expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.
Comparative Law and Legal Traditions: Historical and Contemporary Perspectives
by George MousourakisThe primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.
Comparative Legal History (Research Handbooks in Comparative Law series)
by Olivier Moréteau Aniceto Masferrer Kjell A. ModéerIs comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens. A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.
Comparative Legal Reasoning and European Law (Law and Philosophy Library #50)
by Markku KiikeriComparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Comparative Politics: Rationality, Culture, And Structure (PDF)
by Mark Irving Lichbach Alan S. ZuckermanComparative Politics: Rationality, Culture, and Structure is a completely revised second edition of the volume that guided thousands of scholars through the intellectual demands and gratifications of comparative political science. Retaining a focus on the field's research schools, it now pays parallel attention to the pragmatics of causal research. Mark Lichbach begins with a review of discovery, explanation and evidence and Alan Zuckerman argues for explanations with social mechanisms. Ira Katznelson, writing on structuralist analyses, Margaret Levi on rational choice theory, and Marc Ross on culturalist analyses, assess developments in the field's research schools. Subsequent chapters explore the relationship among the paradigms and current research: Joel Migdal examines the state; Mark Blyth adds culturalist themes to work on political economy; Etel Solingen locates the international context of comparative politics; Doug McAdam, Charles Tilly, and Sidney Tarrow address contentious politics; Robert Huckfeldt explores multi-level analyses; Christopher Anderson describes nested voters; Jonathan Rodden examines endogenous institutions; Isabela Mares studies welfare states, and Kanchan Chandra proposes a causal account of ethnic politics. The volume offers a rigorous and exciting assessment of the past decade of scholarship in comparative politics.
Comparative Privacy and Defamation (Research Handbooks in Comparative Law series)
by András Koltay Paul WraggProviding comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law.
Comparative Research on Education: Overview, Strategy and Applications in Eastern and Western Europe
by Manfred Niessen Jules PescharComparative Research on Education: Overview, Strategy and Applications in Eastern and Western Europe is a two-part book that first gives an overview and an appraisal of the comparative research on education. Then, the book presents examples of the type of investigation that is defined as ""comparative research on education."" Comparative research studies in Western as well as in Eastern Europe are covered in both parts of the book. This book will be useful to students of comparative education as it presents pertinent examples of how empirical methods can be employed in dealing with central problems in education.
Comparative Tort Law: Global Perspectives (Research Handbooks in Comparative Law series)
This revised second edition of Comparative Tort Law offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it examines common issues such as causation, economic and non-economic damages, product and professional liability, and the relationship between tort law and crime, insurance and public welfare schemes. Featuring contributions from international experts, this book also provides a comprehensive comparative assessment of tort law cultures, contextualising them within the legal systems and societies that sustain them. Chapters cover many jurisdictions often overlooked in the mainstream literature, and explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia. Comparative Tort Law is a critical tool for students, scholars and academic researchers, especially those specialising in tort and comparative law. It will also be useful to policymakers, practitioners and judges, in particular those dealing with differing tort law systems.
Comparing Economic Systems: A Political-Economic Approach
by Andrew Zimbalist Howard J. ShermanComparing Economic Systems: A Political-Economic Approach presents a political-economic approach to the analysis and comparison of different types of economic systems. Full, integrated political-economic case studies of several representative countries, including Japan, Sweden, and France, are given.This book consists of six parts and begins with an overview of some definitions of the main kinds of political and economic systems; theoretical arguments from various points of view about how political and economic systems relate to each other; and the criteria for evaluating different political-economic systems. The next section considers three essentially market capitalist systems: Japan, Sweden, and France. The Soviet Union, a centrally planned, allegedly socialist economy, is examined next. More specifically, Soviet development from 1917 to 1928 and from 1928 to the present is discussed. Central planning in developing countries such as China and Cuba is also explored. Finally, the theory of market socialism is analyzed, citing the cases of Hungary and Yugoslavia.This monograph will be of value to politicians, economists, and economic policymakers.
Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law #3)
by Eva SteinerThis work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions.Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Comparing Transitions to Democracy. Law and Justice in South America and Europe (Studies in the History of Law and Justice #18)
by Cristiano Paixão Massimo MeccarelliThis present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
The Compatibility of Evolution and Design (Palgrave Frontiers in Philosophy of Religion)
by E. V. KojonenThis book challenges the widespread assumption of the incompatibility of evolution and the biological design argument. Kojonen analyzes the traditional arguments for incompatibility, and argues for salvaging the idea of design in a way that is fully compatible with evolutionary biology. Relating current views to their intellectual history, Kojonen steers a course that avoids common pitfalls such as the problems of the God of the gaps, the problem of natural evil, and the traditional Humean and Darwinian critiques. The resulting deconstruction of the opposition between evolution and design has the potential to transform this important debate.
A Compendium of Neuropsychological Tests: Fundamentals of Neuropsychological Assessment and Test Reviews for Clinical Practice
by Elisabeth Sherman Marianne HrabokThe Compendium is an essential guidebook for selecting the right test for specific clinical situations and for helping clinicians make empirically supported test interpretations. · Revised and updated · Over 85 test reviews of well-known neuropsychological tests and scales for adults · Includes tests of premorbid estimation, dementia screening, IQ, attention, executive functioning, memory, language, visuospatial skills, sensory function, motor skills, performance validity, and symptom validity · Covers basic and advanced aspects of neuropsychological assessment including psychometric principles, reliability, test validity, and performance/symptom validity testing
A Compendium of Neuropsychological Tests: Fundamentals of Neuropsychological Assessment and Test Reviews for Clinical Practice
by Elisabeth Sherman Marianne HrabokThe Compendium is an essential guidebook for selecting the right test for specific clinical situations and for helping clinicians make empirically supported test interpretations. BL Revised and updated BL Over 85 test reviews of well-known neuropsychological tests and scales for adults BL Includes tests of premorbid estimation, dementia screening, IQ, attention, executive functioning, memory, language, visuospatial skills, sensory function, motor skills, performance validity, and symptom validity BL Covers basic and advanced aspects of neuropsychological assessment including psychometric principles, reliability, test validity, and performance/symptom validity testing
The Compendium of (Not Quite) Everything: All the Facts You Didn't Know You Wanted to Know
by Jonn ElledgeThe Compendium of (Not Quite) Everything is a treasure trove of random knowledge. Covering everything from the furthest known galaxies to the murky origins of oyster ice cream, inside you will find a discussion of how one might determine the most average-sized country in the world; details of humanity's most ridiculous wars; and, at last, the answer to who would win in a fight between Harry Potter and Spider-Man.Bizarre, brilliant and filled with the unexpected, The Compendium covers the breadth and depth of human experience, weaving its way through words and numbers, science and the arts, the spiritual and the secular. It's a feast of facts for a hungry mind.Includes entries on the cosmos, the human planet, questions of measurement, history/politics, the natural world, leisure and many 'oddities' that don't fit elsewhere...
Competence and Vulnerability in Biomedical Research (International Library of Ethics, Law, and the New Medicine #40)
by Philip BielbyEnhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.
Competency to be Tried, Imprisoned, and Executed: The Role of Mental Illness in Criminal Trials
by Jane MoriartyFirst Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Competency to be Tried, Imprisoned, and Executed: The Role of Mental Illness in Criminal Trials
by Jane Campbell MoriartyFirst Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Competing Voices from World War II in Europe: Fighting Words (Fighting Words)
by Harold J. GoldbergObviously, there are many books written about World War II—but very few of them present 'competing voices'. Written for college-bound high-school students, first- and second-year undergraduates and general readers of military history, Competing Voices from World War II in Europe highlights the different perspectives and views of all belligerents in the military arena, as well as describing the impact of the war on daily life.The book begins in 1939 (with the invasion of Poland) and ends in 1945 (with Germany's surrender). However, an introductory chapter puts the war in perspective by examining key events preceding the invasion of Poland, and a concluding chapter looks at the controversy surrounding the Nuremberg Trials after the end of hostilities. Though well-known, the main events of the war often remain controversial, and minor events are still relatively unexplored. Though it is often assumed that Allied victory was inevitable, and that all the Allies worked together in a seamless fashion, this book provides evidence that contradicts these basic concepts. Presented with directly reported sources, together with all the contextual information, readers will be able to develop their own opinions about events such as the Munich Conference, the defeat of France, the debate over a second front, the D-Day events of 1944, the development of Soviet-American relations throughout the war and the origins of the Cold War.
Competing Voices from World War II in Europe: Fighting Words (Fighting Words)
by Harold J. GoldbergObviously, there are many books written about World War II—but very few of them present 'competing voices'. Written for college-bound high-school students, first- and second-year undergraduates and general readers of military history, Competing Voices from World War II in Europe highlights the different perspectives and views of all belligerents in the military arena, as well as describing the impact of the war on daily life.The book begins in 1939 (with the invasion of Poland) and ends in 1945 (with Germany's surrender). However, an introductory chapter puts the war in perspective by examining key events preceding the invasion of Poland, and a concluding chapter looks at the controversy surrounding the Nuremberg Trials after the end of hostilities. Though well-known, the main events of the war often remain controversial, and minor events are still relatively unexplored. Though it is often assumed that Allied victory was inevitable, and that all the Allies worked together in a seamless fashion, this book provides evidence that contradicts these basic concepts. Presented with directly reported sources, together with all the contextual information, readers will be able to develop their own opinions about events such as the Munich Conference, the defeat of France, the debate over a second front, the D-Day events of 1944, the development of Soviet-American relations throughout the war and the origins of the Cold War.
The Complete Anti-Federalist
by Herbert J. Storing Murray DryThe Complete Anti-Federalist, first published in 1981, contains an unprecedented collection of all the significant pamphlets, newspaper articles and letters, essays, and speeches that were written in opposition to the Constitution during the ratification debate. Storing’s work includes introductions to each entry, along with his own consideration of the Anti-Federalist thought. This new three-volume set includes all the contents of the original seven-volume publication in a convenient, manageable format. “A work of magnificent scholarship. Publication of these volumes is a civic event of enduring importance.”—Leonard W. Levy, New York Times Book Review
The Complete A–Z of Everything Carry On
by Richard WebberThe complete guide to everyone’s favourite films… saucy!
The Complete Best Man: How To Turn A Terrifying Prospect Into A Piece Of Cake
by John BowdenI know exactly what you are thinking. It seemed such a good idea at the time, but now you are beginning to realise there's going to be more to it than just turning up on time and handing over the ring. Am I right, or am I right? Fear not. Whether the happy couple has a traditional white wedding vision or a modernist view of their big day, this handbook will show you how to become their perfect best man...a best man who knows how to combine the best of the old with the best of the new. The groom will be glad he chose you. So pour yourself a cold one, sit back and get ready to learn how to turn a stressful honour into a piece of (wedding) cake.