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Legislation in Context: Essays In Legisprudence (Applied Legal Philosophy)
by Luc J. Wintgens Philippe ThionThe essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.
Legislation of Tort Liability Law in China
by Xinbao ZhangThis book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China's torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators' duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e. g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? (Routledge Research in EU Law)
by Peter Van Elsuwege and Roman PetrovThis book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
Legislative Delegation
by Bogdan IancuAn overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.
Legislative Deliberative Democracy: Debating Acts Restricting Freedom of Speech during War (Routledge Innovations in Political Theory)
by Avichai LevitFreedom of speech is a basic right in a democracy. During war however, national legislatures tend to enact laws that restrict this basic right. Under what circumstances can such laws be democratically legitimate? Avichai Levit argues that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws. The more law makers in both chambers of the legislature, seriously consider information and arguments, reason on the common good, and seek to persuade and decide the best legislative outcome, in committees and on the floor, the more democratic legitimacy can be associated with such laws. This book fills a gap in the scholarly literature regarding the evaluation of the democratic legitimacy of laws restricting freedom of speech during war, by bridging different theoretical perceptions and presenting an alternative normative account of deliberative democracy which focuses on the deliberations of a national legislature. Using the United States as a case study, this book goes into the details of Congressional deliberation during World War I, World War II and the Cold War, as well as the political histories that brought about such laws. Legislative Deliberative Democracy will be of interest to academics and students alike in the fields of American Constitutional law, Political theory, American politics and political history.
Legislative Entrepreneurship in the U.S. House of Representatives
by Gregory WawroWhen members are elected to the House of Representatives they have a certain freedom to decide how they will act as members and how they will build their reputations. Just as in the market place entrepreneurs build businesses, so in the House of Representatives members have the freedom to choose to build legislative programs that will enhance their reputations in the institution. And yet entrepreneurship is also costly to members. Gregory Wawro explains why members of the House engage in legislative entrepreneurship by examining what motivates them to acquire policy knowledge, draft legislation, build coalitions, and push their legislation in the House. He considers what incentives members have to perform what many have perceived to be the difficult and unrewarding tasks of legislating. This book shows how becoming a legislative entrepreneur relates to members' goals of reelection, enacting good public policy, and obtaining influence in the House. The analysis differs from previous studies of this behavior, which for the most part have employed case study methods and have relied on anecdotal evidence to support their arguments. Wawro analyzes legislative entrepreneurship in a general and systematic fashion, developing hypotheses from rational-choice-based theories and testing these hypotheses using quantitative methods. Wawro argues that members engage in legislative entrepreneurship in order to get ahead within the House. He finds that the more legislative entrepreneurship that members engage in, the more likely it is that they will advance to prestigious positions. This book is of interest to students of Congress, legislative behavior and institutions, elections, and campaign finance. Gregory Wawro is Assistant Professor of Political Science, Columbia University.
Legislative Reference Services and Sources
by Peter Gellatly Kathleen LowHere is the first introductory guide to all aspects of providing legislative reference services. Unlike special libraries which deal with one specific discipline, legislative reference bureaus must deal with a full spectrum of subject areas and meet the unique needs of elected and appointed officials and their staffs. This guide helps librarians find the best current resources and services to answer the varied demands for information typical of legislative reference libraries. Legislative Reference Services and Sources facilitates the work of legislative librarians and makes them confident so that they can supply legislators and their staffs with the information needed to effectively examine, draft, or enact legislation of benefit to the public.No other book on the market provides such a comprehensive overview of legislative reference services. Author Kathleen Low acquaints librarians with over 100 sources useful in responding to information requests from legislators. A wide range of valuable topics are covered that will help legislative reference librarians meet the information demands of legislators and lawmakers including: an overview of essential reference services needed by legislators and their staffs specific protocols and forms of etiquette to observe when promoting services to elected and appointed officials over 100 frequently consulted titles in legislative references the usefulness of online resources how to recognize special services and sensitivity warranted by patrons and the services and responses to expect in returnLegislative Reference Services and Sources addresses the legislative reference services commonly provided, promotion of services, the librarian/client relationship, client expectations, the ethics of responding to certain requests, and the core resources used in legislative reference requests. It is an invaluable tool for beginning level legislative librarians, public services librarians, and state and federal agency librarians who need an introduction to this unique type of information service.
Legislative XML for the Semantic Web
by Giovanni Sartor Maria Angela Biasiotti Monica Palmirani Enrico FrancesconiThis volume examines the basic layers of the standard-based creation and usage of legislation. In particular, it addresses the identification of legislative documents, their structure, the basic metadata and legislative changes. Since mature technologies and established practices are already in place for these layers, a standard-based approach is a necessary aspect of the up-to-date management of legislative resources. Starting out with an overview of the context for the use of XML standards in legislation, the book next examines the rationale of standard-based management of legislative documents. It goes on to address such issues as naming, the Akoma-Ntoso document model, the contribution of standard-based document management to handling legislative dynamics, meta-standards and interchange standards. The volume concludes with a discussion of semantic resources and a review on systems and projects.
Legislator Success in Fragmented Congresses in Argentina
by Ernesto Calvo"Plurality-led Congresses are among the most pervasive and least studied phenomena in presidential systems around the world. Often conflated with divided government, where an organized opposition controls a majority of seats in congress, plurality-led congresses are characterized by a party with fewer than 50 percent of the seats still in control of the legislative gates. Extensive gatekeeping authority without plenary majorities, this book shows, leads to policy outcomes that are substantially different from those observed in majority-led congresses. Through detailed analyses of legislative success in Argentina and Uruguay, this book explores the determinants of law enactment in fragmented congresses. It describes in detail how the lack of majority support explains legislative success in standing committees, the chamber directorate, and the plenary floor"--
Legisprudence: Practical Reason in Legislation (Applied Legal Philosophy)
by Luc J. WintgensThis book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Legitimacy and International Courts (Studies on International Courts and Tribunals)
by Geir Ulfstein Andreas Follesdal Nienke Grossman Harlan Grant CohenOne of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Legitimacy and Legality in International Law
by Jutta Brunnée Stephen J. ToopeIt has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate-change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Legitimacy and Trust in Criminal Law, Policy and Justice: Norms, Procedures, Outcomes
by Nina PeršakWhereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
Legitimacy of Unseen Actors in International Adjudication (Studies on International Courts and Tribunals)
by Freya BaetensInternational courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
Legitimacy, Justice and Public International Law
by Lukas H. MeyerDo states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.
Legitimacy, Legal Development and Change: Law and Modernization Reconsidered
by David K. LinnanThis book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.
Legitimacy: The Right to Govern in a Wanton World
by Arthur Isak ApplbaumWhat makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Legitimate Targets?
by Janina DillBased on an innovative theory of international law, Janina Dill's book investigates the effectiveness of international humanitarian law (IHL) in regulating the conduct of warfare. Through a comprehensive examination of the IHL defining a legitimate target of attack, Dill reveals a controversy among legal and military professionals about the 'logic' according to which belligerents ought to balance humanitarian and military imperatives: the logics of sufficiency or efficiency. Law prescribes the former, but increased recourse to international law in US air warfare has led to targeting in accordance with the logic of efficiency. The logic of sufficiency is morally less problematic, yet neither logic satisfies contemporary expectations of effective IHL or legitimate warfare. Those expectations demand that hostilities follow a logic of liability, which proves impracticable. This book proposes changes to international law, but concludes that according to widely shared normative beliefs, on the twenty-first-century battlefield there are no truly legitimate targets.
Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire
by Susan ReidJohn Phillip Reid is one of the most highly regarded historians of law as it was practiced on the state level in the nascent United States. He is not just the recipient of numerous honors for his scholarship but the type of historian after whom such accolades are named: the John Phillip Reid Award is given annually by the American Society for Legal History to the author of the best book by a mid-career or senior scholar. Legitimating the Law is the third installment in a trilogy of books by Reid that seek to extend our knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. Here Reid turns his eye toward the professionalization of law and the legitimization of legal practices in the Granite State—customs and codes of professional conduct that would form the basis of judiciaries in other states and that remain the cornerstone of our legal system to this day throughout the U.S. Legitimating the Law chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire through the professionalization of the bench and the bar—ambitions that were fought vigorously by both Jeffersonian legislators and anti-Federalists in the private sector alike, but ultimately to no avail.
Legitimizing Corporate Harm
by Jennifer L. SchallyThis book utilizes critical discourse analysis to illuminate the ways in which one of the largest agribusinesses in operation, Tyson Foods, disguises their actions whilst simultaneously presenting the image of a benign, good corporate citizen. Schally unveils how the discourses employed by Tyson gain legitimacy by drawing on and aligning with larger cultural discourses that are often taken for granted and not adequately scrutinised. This original research, situated at the intersection of green and cultural criminologies, contributes to these current perspectives as well as to the burgeoning social harm approach within criminology. A bold and engaging study, this book will be indispensable for students and scholars of green criminology, corporate crime, animals and society, and environmental sociology, as well as environmental and animal rights activists.
Legitimizing European Criminal Law: Justification and Restrictions (Comparative, European and International Criminal Justice #2)
by Merita KettunenThe book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
Legomsky and Thronson's Immigration and Refugee Law and Policy
by Stephen H. Legomsky David B. ThronsonAdopted at 185 U.S. law schools since its inception, this casebook mixes theory, policy, and politics with legal doctrine, planning, and problem-solving. The book incorporates key current issues and events, and is rich in policy analysis, fact problems, and simulation exercises. The new edition incorporates the sweeping developments of the past five years. Highlights include: Prosecutorial discretion, “zero-tolerance” and immigration-related criminal charges, and sanctuary cities Updates on DACA and DAPA Detention and Jennings v. Rodriguez The Travel Ban and Trump v. Hawaii A rewritten section on children, the family separation policy, and SIJ status Attacks on the independence of the immigration courts Revamped section on asylum, with full coverage of A-B-, other gender-related and gang-related asylum cases, non-state actors, and new credible fear guidance Major restructuring of materials on the immigration consequences of crime, including the categorical and modified categorical approaches, incorporating major court decisions Terminations of temporary protected status Dramatic cuts to the overseas refugee program Pereira v. Sessions and immigration court jurisdiction Kerry v. Din and judicial review of consular visa denials Sessions v. Morales-Santana and gender distinctions in citizenship acquisition Expanded coverage of VAWA and T & U-visas Material support for terrorism and Matter of A-C-M- Proposed new rules on public charge
Lehrbuch Geschichte der Pflege: Für Studium und Ausbildung
by Pierre Pfütsch Karen Nolte Susanne Kreutzer Jette Lange Sünje PrühlenDieses Lehrbuch richtet sich an Lehrende im Pflegestudium und in der generalistischen Ausbildung und stellt einen Zusammenhang der Pflegegeschichte zum heutigen Berufsbild dar. Das Curriculum zum neuen Pflegeberufegesetz sieht vor, die geschichtlichen Hintergründe der Pflege praxisnah im theoretischen Unterricht aufzuarbeiten. Die Autor*innen geben einen Überblick über die relevanten historischen Inhalte, stellenhistorische Quellen zur Verfügung und zeigen auf, wie diese in die Lehre integriert werden können. Worauf beruht das professionelle Berufsverständnis von heute? Gibt es einen Unterschied zwischen der konfessionellen und weltlichen Krankenpflege? Wie sah das Verhältnis von Pflege und Medizin früher aus? Wie entwickelte sich die Pflegeausbildung in Deutschland? Welche Unterschiede und Gemeinsamkeiten sind zwischen dem pflegerischen Handeln zu früheren Zeiten und heute erkennbar?
Lehrbuch der ökonomischen Analyse des Zivilrechts
by Hans-Bernd Schäfer Claus OttDie Grundlagen der ökonomischen Analyse des Zivilrechts werden in diesem Buch anschaulich erörtert. Die Autoren des einzigen deutschen Lehrbuchs zu diesem Thema berücksichtigen dabei das Delikts-, Vertrags- und Sachenrecht, das Immaterialgüterrecht sowie das Insolvenzrecht und Grundzüge des Unternehmensrechts. Ein neuer Schwerpunkt der umfassend aktualisierten 5. Auflage ist der Einfluss der verhaltensökonomischen Forschung auf diese Analyse. Zudem werden die Europäisierung des Rechts und die internationale Konkurrenz von Rechtsnormen einbezogen.
Lehrbuch der ökonomischen Analyse des Zivilrechts
by Hans-Bernd Schäfer Claus OttDieses Buch enthält die Grundlagen der ökonomischen Analyse des Rechts und ihrer Anwendung auf das deutsche Zivilrecht. Es ist eine umfassende Darstellung dieser Forschungsrichtung, in der die Normen und Regelungsprobleme mit den Mitteln der ökonomischen Theorie analysiert und bewertet werden. Wichtige Argumentationsfiguren der ökonomischen Analyse des Rechts werden in die zivilrechtliche Dogmatik eingebaut. Bei der Analyse rechtlicher Regeln des Gesetzesrechts und des Richterrechts wird gezeigt, inwieweit diesen ökonomische Kriterien zugrunde liegen und inwieweit derartige Kriterien für die Rechtsanwendung und Rechtsfortbildung fruchtbar gemacht werden können. Die 6. überarbeitete Auflage präsentiert in fast allen Kapiteln neue Ergebnisse der rechtsökonomischen Forschung. Die psychologische Verhaltensforschung hat mittlerweile Eingang in die Diskussion vieler Facetten des Zivilrechts gefunden. Einige vieldiskutierte empirische Forschungsergebnisse wie zu den Wirkungen des kontinentaleuropäischen Rechts im Verhältnis zum Common Law müssen heute - insbesondere im Gesellschaftsrecht - in neuem Licht gesehen werden. Solche Entwicklungen werden aufgegriffen und es wird untersucht, ob und inwieweit diese Forschungsergebnisse für die ökonomische Analyse des Zivilrechts von Bedeutung sind.