Toward A New Legal Common Sense

Author: Boaventura de Sousa Santos
Editor: Cambridge University Press
ISBN: 9780406949974
Size: 10,91 MB
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The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

Law Without Nations

Author: Austin Sarat
Editor: Stanford University Press
ISBN: 0804777225
Size: 14,37 MB
Format: PDF, ePub
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The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.

Legal Pluralism In Indonesia

Author: Ratno Lukito
Editor: Routledge
ISBN: 1136285571
Size: 11,86 MB
Format: PDF, Mobi
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With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and ‘conflictual’ domains of legal pluralism in Indonesia, the book discusses the understanding of the state’s attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state’s strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

Health Law And The European Union

Author: Tamara K. Hervey
Editor: Cambridge University Press
ISBN: 9781139455350
Size: 19,68 MB
Format: PDF, Docs
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How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

Atiyah S Accidents Compensation And The Law

Author: Peter Cane
Editor: Cambridge University Press
ISBN: 1139457489
Size: 11,68 MB
Format: PDF, Kindle
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Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Cases And Materials On The English Legal System

Author: Michael Zander
Editor: Cambridge University Press
ISBN: 1139463349
Size: 11,11 MB
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This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

English Legal System In Context

Author: Fiona Cownie
Editor: Oxford University Press, USA
ISBN: 9780199289882
Size: 18,30 MB
Format: PDF, Mobi
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English Legal System in Context provides a critical overview of the legal system. It establishes a sound theoretical framework within which to analyse the system and its various intricacies, encouraging students to develop a critical approach to the study of this important topic. The authors provide an insightful contextual analysis of the system and its main protagonists: as well as the traditional core areas of the English legal system such as the courts, case law, legal professionals, and the civil and criminal proceedings, the text discusses the police and their powers,the role of the CPS, private policing, the work of non-police agencies. This edition also contains a new chapter on alternative dispute resolution, designed to broaden the reader's appreciation of this central issue, plus new material on the role of law schools and law students. With a clear, logical structure, and a wealth of references to take the reader further into the subject, this is a perceptive and wide-ranging study that explains and illuminates this fascinating topic.

Families And The European Union

Author: Clare McGlynn
Editor: Cambridge University Press
ISBN: 1139457373
Size: 17,53 MB
Format: PDF
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In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

Human Rights Southern Voices

Author: William Twining
Editor: Cambridge University Press
ISBN: 0521113210
Size: 17,48 MB
Format: PDF, ePub
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This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.