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Common Concern of Humankind im Völkerrecht (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #289)

by Oliver Strank

Dieses Buch untersucht die philosophischen Grundlagen und die geschichtliche Entwicklung des common concern of humankind-Begriffs und seine Rechtswirkungen im Völkerrecht. Hierbei wird das Prinzip in den Bestand des Umweltvölkerrechts eingeordnet und sein Verhältnis zum Grundsatz der Staatensouveränität untersucht. Außerdem wird das common concern-Prinzip vom common heritage-Prinzip abgegrenzt und völkerrechtstheoretisch dargelegt, welche Wirkung es als Prinzip innerhalb und außerhalb der von ihm erfassten Regime entfaltet. Der Autor begründet, dass mit der Verankerung des common concern of humankind-Prinzips in der Klimarahmenkonvention und im Pariser Abkommen sowie in der Biodiversitätskonvention die dort enthaltenen Umweltschutzpflichten zu solchen gegenüber der Staatengemeinschaft als Ganzes geworden sind, sodass sich alle Vertragsstaaten - unabhängig von einer eigenen Betroffenheit - gegenüber allen anderen Vertragsstaaten auf ihre Erfüllung berufen können und eine Klagebefugnis vor dem Internationalen Gerichtshof haben.

Common Law and Natural Law in America: From the Puritans to the Legal Realists (Law and Christianity)

by Andrew Forsyth

Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.

The Common Law Inside the Female Body

by Anita Bernstein

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included.

The Commons in a Glocal World: Global Connections and Local Responses (Earthscan Studies in Natural Resource Management)

by Tine De Moor Tobias Haller Thomas Breu Christian Rohr Heinzpeter Znoj

This volume focuses on how, in Europe, the debate on the commons is discussed in regard to historical and contemporary dimensions, critically referencing the work of Elinor Ostrom. It also explores from the perspective of new institutional political ecology (NIPE) how Europe directly and indirectly affected and affects the commons globally. Most of the research on the management of commons pool resources is limited to dealing with one of two topics: either the interaction between local participatory governance and development of institutions for commons management, or a political- economy approach that focuses on global change as it is related to the increasingly globalised expansion of capitalist modes of production, consumption and societal reproduction. This volume bridges the two, addressing how global players affect the commons worldwide and how they relate to responses emerging from within the commons in a global- local (glocal) world. Authors from a range of academic disciplines present research findings on recent developments on the commons, including: historical insights; new innovations for participatory institutions building in Europe or several types of commons grabbing, especially in Africa related to European investments; and restrictions on the management of commons at the international level. European case studies are included, providing interesting examples of local participation in commons resource management, while simultaneously showing Europe as a centre for globalized capitalism and its norms and values, affecting the rest of the world, particularly developing countries. This book will be of interest to students and researchers from a wide range of disciplines including natural resource management, environmental governance, political geography and environmental history.

Commonwealth Caribbean Insurance Law (Commonwealth Caribbean Law)

by Lesley A Walcott

This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.

Commonwealth Caribbean Sports Law (Commonwealth Caribbean Law)

by Jason Haynes J. Tyrone Marcus

Sports Law has quickly developed into an accepted area of academic study and practice in the legal profession globally. In Europe and North America, Sports Law has been very much a part of the legal landscape for about four decades, while in more recent times, it has blossomed in other geographic regions, including the Commonwealth Caribbean. This book recognizes the rapid evolution of Sports Law and seeks to embrace its relevance to the region. This book offers guidance, instruction and legal perspectives to students, athletes, those responsible for the administration of sport, the adjudication of sports-related disputes and the representation of athletes in the Caribbean. It addresses numerous important themes from a doctrinal, socio-legal and comparative perspective, including sports governance, sports contracts, intellectual property rights and doping in sport, among other thought-provoking issues which touch and concern sport in the Commonwealth Caribbean. As part of the well-established Routledge Commonwealth Caribbean Law Series, this book adds to the Caribbean-centric jurisprudence that has been a welcome development across the region. With this new book, the authors assimilate the applicable case law and legislation into one location in order to facilitate an easier consumption of the legal scholarship in this increasingly important area of law.

Communication: Innovation & Quality (Studies in Systems, Decision and Control #154)

by Miguel Túñez-López Valentín-Alejandro Martínez-Fernández Xosé López-García Xosé Rúas-Araújo Francisco Campos-Freire

This book explores the disruptive changes in the media ecosystem caused by convergence and digitization, and analyses innovation processes in content production, distribution and commercialisation. It has been edited by Professors Miguel Túñez-López (Universidade de Santiago de Compostela, Spain), Valentín-Alejandro Martínez-Fernández (Universidade da Coruña, Spain), Xosé López-García (Universidade de Santiago de Compostela, Spain), Xosé Rúas-Araújo (Universidade de Vigo, Spain) and Francisco Campos-Freire (Universidade de Santiago de Compostela, Spain). The book includes contributions from European and American experts, who offer their views on the audiovisual sector, journalism and cyberjournalism, corporate and institutional communication, and education. It particularly highlights the role of new technologies, the Internet and social media, including the ethics and legal dimensions. With 30 contributions, grouped into diverse chapters, on information preferences and uses in journalism, as well as public audiovisual policies in the European Union, related to governance, funding, accountability, innovation, quality and public service, it provides a reliable media resource and presents lines of future development.

Cómo Recuperarse del Divorcio: La Guía Para Superar a tu ex Cónyuge y Comenzar Nuevas Relaciones

by Steve Simon

El divorcio puede ser una de las cosas más difíciles con las que te enfrentarás en tu vida. Este puede dejar a las personas arruinadas financiera y emocionalmente. Esta guía te ayudará a a recuperarte de un divorcio y ser más feliz que nunca. Paso a paso, te mostraremos cómo podrás volver a levantarte y comenzar de nuevo. Si estás buscando sanar emocionalmente o seguir con otra relación, ¡esta guía es para ti! El libro incluye: - Un programa de recuperación eficiente y rápido. - Como aumentar tu productividad. - Como incrementar tu felicidad. - Como iniciar nuevas relaciones. - Como tratar con el trauma emocional. + ¡Y MUCHO MAS! -> Desplázate hasta la parte superior de la página y haz clic en Agregar al carrito para comprar al instante Descargo de responsabilidad: El autor y / o el (los) propietario (s) de los derechos no hacen reclamos, promesas o garantías con respecto a la exactitud, integridad o adecuación de los contenidos de este libro, y se eximen de toda responsabilidad por errores y omisiones en los contenidos que contiene. Este producto es solo para uso de referencia. Por favor, consulte a un profesional antes de tomar cualquier acción basada en cualquiera de los contenidos que se encuentran en la presente obra.

Como Salvar o Seu Casamento: Impeça o Divórcio e Fortaleça o Seu Relacionamento Com o Seu Cônjuge

by Kathleen Waters

Um livro entusiasmante sobre como salvar um casamento que se encontra à beira de um divórcio eminente. A autora tem um olho clininco para as questões que fundamentalmente deve ser resolvidas num casamento, como as formas de comunicação e o perdão. Um guia prático que pode ser utilizado por qualquer um de nós, basta mantermos a mente aberta a novas perspetivas e vontade de pôr as mãos ao trabalho para salvar um dos nossos bens mais preciosos: A nossa familia.

Como Se Recuperar do Divórcio: O Guia Para Superar Seu Ex-Cônjuge e Começar Novos Relacionamentos

by Steve Simon

Um divórcio pode ser uma das coisas mais difíceis que você terá que lidar. Pode deixar indivíduos arruinados emocionalmente e financeiramente. Este guia o(a) ajudará a se recuperar de um divórcio e ser mais feliz do que nunca. Passo a passo, nós o(a) mostraremos como se recompor e começar de novo. Se está procurando por uma cura emocional ou seguir em frente com outro relacionamento, este guia é para você! O que está incluído: - Um Programa Eficaz e Rápido. - Aumente Sua Produtividade. - Aumente Sua Felicidade. - Comece Novos Relacionamentos. - Lide Com Traumas Emocionais. E MUITO MAIS!

A Comparative Analysis of Policing Consumer Contracts in China and the EU

by Jiangqiu Ge

This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

A Comparative History of Bank Failures: From Medici to Barings (Banking, Money and International Finance)

by Sten Jonsson

Starting with Medici and Fugger and ending with Barings and Royal Bank of Scotland under neo-liberal de-regulation, the author gives an account of how a number of banks failed over a 500 year-period. The author offers an explanation of the leading ideas about the world and good society at the time, and summarizes this narrative using Streeck & Schmitter’s three bases for regulation of society: Community (spontaneous solidarity), State (hierarchical control), and Market (dispersed competition). <P><P>The bank failures are presented in the context of social philosophies of the day (scholasticism, mercantilism, neo-liberalism, and libertarianism), and the changing business practices (Bills of Exchange, rents and financial instruments of various kinds). The dominating explanation of financial crises has been market-related. Here, the author argues that managerial failures are an important contributor. He demonstrates the failure of management to act on early signals such as existential risk, strategic stress syndrome, and lack of proper oversight by top management. The author encourages a return to ethical principles for banks, suggesting that his ethical aspect should be at the core of the credit process of banks in the future. <P><P>With its interdisciplinary approach, this book will be an important contribution to the discussion surrounding bank failures. It will interest any scholar looking at the origins of financial crises and will be particularly useful for post-graduate students of economic and financial history, banking, finance and accounting.

Comparative Law and Legal Traditions: Historical and Contemporary Perspectives

by George Mousourakis

The 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 Frameworks for Pre-Implantation Embryonic Genetic Interventions

by Pin Lean Lau

This book discusses the possibilities for the use of ​international human rights law ​(and specifically, international biomedical laws related to the protection of human rights and the human genome) to provide a guiding framework for the future regulation of genetic modifications applied to human embryos and other precursor materials, when these are made with the aim of implanting a genetically altered embryo in a woman. The significance and timeliness of the work derives from the recent availability of CRISPR/​Cas9 and other gene editing tools, and from lacunae in international law regarding the legality of embryo modification with these tools and appropriate governance structures for the oversight of resulting practices. The emergence of ​improved genome editing tools like CRISPR/Cas9, holds the promise of eradicating genetic diseases in the near future. But its possible future applications with Pre-Implantation Genetic Diagnosis (PGD) raises a plethora of legal and ethical concerns about "remaking" future human beings. The work aims to address an urgent call, to embed these rising concerns about biomedical advancements into the fundamental tailoring of legal systems. Suitable regulatory approaches, coupled with careful reflection of global biomedical laws and individual constitutional systems must be explored. The Book analyzes the impact of reproductive biomedical technologies on the legal and ethical dimensions of regulatory frameworks in selected constitutional systems like the US, the UK, Australia, Malaysia and Thailand. Employing a comparative law methodology, the work reveals a dynamic intersection between legal cultures, socio-philosophical reasoning and the development of a human rights-based framework in bio-political studies. Navigating towards a truly internationalized biomedical approach to emerging technologies, it presents an understanding why a renegotiation and reinvigoration of a contemporary and "new" universal shared values system in the ​international human rights discourse is now necessary.

Compassionate Cuisine: 125 Plant-Based Recipes from Our Vegan Kitchen

by Linda Soper-Kolton Sara Boan Kathy Stevens Catskill Animal Sanctuary

Selected as one of PETA's must-have vegan cookbooks of 2019! Vegan recipes and heartwarming stories for animal lovers, from the Catskill Animal Sanctuary. Add love and stir! Written with love and authenticity, Compassionate Cuisine tells the story of one of the country’s oldest and most respected animal sanctuaries through its food. With humor and heart, Chef Linda Soper-Kolton and Chef Sara Boan, Catskill Animal Sanctuary’s vegan chefs, bring the Sanctuary’s culinary program, Compassionate Cuisine, to life through an array of recipes intended to inspire and delight. Their recipes have been savored and devoured by thousands of visitors to the Sanctuary, and they want to share them with the world. Interwoven with the recipes are the animals. Sanctuary founder and director Kathy Stevens writes for the voiceless many for whom the Sanctuary works so fervently to share the good news about how wonderful–and important–it is to consider compassion first when we eat. Find diverse recipes such as: Blueberry Praline French Toast CasseroleHomestead Granola and Vanilla Nut MilkAvocado Tartines with Peach SalsaBuffalo Cauliflower with Blue Cheese DressingChipotle Sweet Potato Stew with Lime Cashew CremaThai Burgers with Spicy Peanut SauceMoroccan Vegetable and Chickpea TagineChocolate Chip Cookie Dough TrufflesAnd many more! Catskill Animal Sanctuary wants the world to go vegan. It’s who they are. It’s what they do. It’s why hundreds of rescued farm animals call their place home. And it’s why they open their gates to thousands of visitors each year. Now, home cooks everywhere can enjoy the same delicious and compassionate cuisine served at the Sanctuary, and read about the people and animals that make the Catskill Animal Sanctuary such a special place.

Competitive Business Management: A Global Perspective (Routledge-Giappichelli Studies in Business and Management)

by Silvio M. Brondoni

The growth of global corporations has led to the development of new business strategies whose complexity and configuration rest on corporate networks; corporate cross-culture and intangible corporate and product assets. In global markets, corporations compete in a competitive marketspace dimension, in other words, competitive boundaries in which space is not a stable element of the decision-making process, but a competitive factor whose complexity depends on markets increasingly characterized by time-based competition and over-supply. In view of today's fierce competition from US and Southeast Asian corporations, this book highlights global business development policies based on innovation, sustainability and intangible assets. The book assesses competitive business management from a global perspective, examining business development policies linked to the profitability of global firms. It forces readers to actively think through the most fundamental policies developed by global firms in the current competitive landscape and provides answers to questions such as: What are the new drivers of global capitalism?; How do global businesses deal with new local nationalism?; Which governance systems and behavioural norms qualify global businesses?; What are the main business policies that characterize competitive business management in a global competition perspective? Competitive Business Management neatly explains the global business management domain and helps readers to gain an understanding of global development business policies.

Complexity Theory and Law: Mapping an Emergent Jurisprudence (Law, Science and Society)

by Jamie Murray Thomas Webb Steven Wheatley

This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Compliance im Unternehmen für Dummies (Für Dummies)

by Oliver Haag Maximilian Jantz

Erfüllt Ihr Unternehmen die gesetzlichen Vorgaben? Die Rechtsfolgen bei Compliance-Verstößen können erheblich sein. Wer sich also mit Compliance auskennt, die Risiken kennt und zu vermeiden oder zumindest zu begrenzen weiß, der ist gut beraten. Dieses Buch zeigt, mit welchen konkreten Compliance-Maßnahmen Sie Ihr Unternehmen sauber halten und sich wirkungsvoll gegen Compliance-Verstöße wie zum Beispiel Korruption oder andere Regelverstößeschützen können.

Compliance Norms in Financial Institutions: Measures, Case Studies and Best Practices

by Tomasz Braun

Initially, introducing compliance functions within the financial industry had been forced by regulatory scrutiny. Later, it started to spread to other regulated companies, in particular those publicly listed. Now, compliance has become an asset of corporates that want to build their reliability among clients, shareholders, employees and business partners. This book looks at the efficiency of the compliance measures introduced and the best practices of building compliance norms.This recently observed practice of compliance was triggered by the expectation of regulators, shareholders, clients, business partners and the public for robust compliance mechanisms. This book looks at the vast interest in this topic among business people who strive to introduce the systems and the mechanisms of non-compliance risk management in their companies and at the uncountable difficulties and obstacles they meet. The book fills the gap of thorough analysis of this subject by pointing out the solutions successfully introduced in global financial organizations, and would be of interest to academics, researchers and practitioners in corporate finance, corporate governance and risk management.

Complicated Lives: Free Blacks in Virginia, 1619-1865

by Sherri Burr

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia in late August 1619, and thereafter, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans owned property, created businesses, and engaged in public service. Complicated Lives explores the lives of Free Blacks through the lens of the author's ancestors and other Free Blacks who lived this history, including those who served in the integrated troops commanded by George Washington during the Revolutionary War. "Complicated Lives is a much-needed chronicle of the achievements and plight of Free Blacks in America, and how many of our nation's Founding Fathers and notables struggled with the dichotomy of slavery and freedom. This is a scholarly work that belongs on the shelves of all worthy historians, but also reads like a novel, making it approachable to the lay reader." --FRANK ALAN BURR, author of McKinley Memories--A Memoir

The Components of Sustainable Development: Engagement and Partnership (Approaches to Global Sustainability, Markets, and Governance)

by David Crowther Shahla Seifi

This book focuses on the application of sustainable development principles through consultation with, and partnerships between commerce and the community. Offering international perspectives, the authors show that the issues are global and that we can best arrive at solutions through a synthesis of these various perspectives. The book also examines changes to corporate and institutional behavior and discusses the extent to which the focus has changed, making it necessary to consider new approaches to our understanding of sustainability and differing effects in practice.This approach is based on the tradition of the Social Responsibility Research Network, which in its 17-year history has sought to broaden the discourse and to treat all research as inter-related and relevant to business. This book consists of the best contributions from the 17th International Conference on Corporate Social Responsibility and 8th Organisational Governance Conference, held in Bangalore, India in September 2018

Comprehensive Commercial Law: 2019 Statutory Supplement (Supplements)

by Ronald J. Mann Elizabeth Warren Jay Westbrook

The Supplement includes the entire Uniform Commercial Code as of May 2019, excluding Article 6, and a selection of other federal statutes and regulations, uniform state laws, and Restatement provisions, aiming to include those items most commonly used in commercial law courses: the Truth in Lending Act, the Electronic Funds Transfer Act, the Federal Tax Lien Act, the Uniform Electronic Transactions Act, excerpts from the CISG, and excerpts from the ICC’s uniform rules for letters of credit. The Bankruptcy Code, as of June 1, 2019, is reproduced in full. Unlike the UCC, there are no official comments for the Bankruptcy Code, and the legislative history is spotty at best. As a result, only the Code is offered here. In addition, selections from Title 18 and Title 28 of the United States Code that are relevant to bankruptcy law are included.

Compulsory Purchase and Compensation

by Barry Denyer-Green

Compulsory Purchase and Compensation is the essential guide to this complex and increasingly relevant area of the law. Now in its eleventh edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The best-selling book on the subject, previous editions have been used by professionals and students alike in order to gain a full understanding of a key subject for any surveyor or lawyer. The book is also especially suited to those coming to this complex subject without a specific background in the law and ideal reading for those students taking planning and built environment law modules. Surveyors in particular will find this book invaluable. This new edition has been extensively revised and reflects the changes to the law in the Housing and Planning Act 2016 and the Neighbourhood Planning Act 2017, and also recent decisions of the courts and the Upper Tribunal, all of which will be of particular interest to those working on cases related to HS2, the proposed high-speed railway line from London to Birmingham, Leeds and Manchester.

Computer Security: ESORICS 2018 International Workshops, CyberICPS 2018 and SECPRE 2018, Barcelona, Spain, September 6–7, 2018, Revised Selected Papers (Lecture Notes in Computer Science #11387)

by Sokratis K. Katsikas Frédéric Cuppens Nora Cuppens Costas Lambrinoudakis Annie Antón Stefanos Gritzalis John Mylopoulos Christos Kalloniatis

This book constitutes the thoroughly refereed post-conference proceedings of the 4th International Workshop on the Security of Industrial Control Systems and Cyber-Physical Systems, CyberICPS 2018, and the Second International Workshop on Security and Privacy Requirements Engineering, SECPRE 2018, held in Barcelona, Spain, in September 2018, in conjunction with the 23rd European Symposium on Research in Computer Security, ESORICS 2018. The CyberICPS Workshop received 15 submissions from which 8 full papers were selected for presentation. They cover topics related to threats, vulnerabilities and risks that cyber-physical systems and industrial control systems face; cyber attacks that may be launched against such systems; and ways of detecting and responding to such attacks. From the SECPRE Workshop 5 full papers out of 11 submissions are included. The selected papers deal with aspects of security and privacy requirements assurance and evaluation; and security requirements elicitation and modelling.

Conceptions and Misconceptions of Legislation (Legisprudence Library #5)

by A. Daniel Oliver-Lalana

This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

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