the continuity of legal systems in theory and practice

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The Continuity Of Legal Systems In Theory And Practice

Author : Benjamin Spagnolo
ISBN : 9781849468855
Genre : Law
File Size : 78. 20 MB
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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

Islamic Law And The Legal System Of Saud

Author : Frank E. Vogel
ISBN : 9004110623
Genre : Religion
File Size : 73. 80 MB
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This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.

Juvenile Delinquency Theory Practice And Law

Author : Larry Siegel
ISBN : 9781111346898
Genre : Social Science
File Size : 44. 7 MB
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Unrivaled in its current coverage of topics, the best selling JUVENILE DELINQUENCY: THEORY, PRACTICE, AND LAW, Eleventh Edition, provides an in-depth analysis of the theories of delinquency, environmental issues, juvenile justice issues, and the juvenile justice system. Praised both for its authority and balance as well as for the authors’ ability to engage students in the course, the new Eleventh Edition presents cutting-edge, seminal research, as well as up-to-the-minute policy and newsworthy examples. Offering a timely and objective presentation of juvenile delinquency theory and juvenile justice policy issues, Siegel and Welsh examine opposing sides of controversial aspects of delinquency and delinquency programs in a balanced, unbiased way. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Law In Philosophical Perspectives

Author : Luc J. Wintgens
ISBN : 9789401593175
Genre : Philosophy
File Size : 26. 11 MB
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In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Ruling England 1042 1217

Author : Richard Huscroft
ISBN : 9781317867647
Genre : History
File Size : 25. 44 MB
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A new history of post-conquest England which makes the new kingdom accessible through a focus on its kings and how it was ruled, featuring the empire building dynasties. The central theme of the book is the rise and fall of English kingship during this period and at its heart is the central question of how the ruler of the most sophisticated kingdom in 12th century Europe was eventually compelled to submit to the humiliation of Magna Carta at the start of the thirteenth. The book also reaffirms the importance of high politics in English history. No proper understanding of the wider aspects of medieval history (social, economic, cultural) is possible without a firm grounding in political events, and this book covers these themes in depth.

Shari A Islamic Law Oxford Bibliographies Online Research Guide

Author : Andrew March
ISBN : 9780199806218
Genre :
File Size : 63. 52 MB
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This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

World Trends In Freedom Of Expression And Media Development Regional Overview Of Western Europe And North America

Author : UNESCO
ISBN : 9789231000188
Genre :
File Size : 75. 19 MB
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Caribbean Integration Law

Author : David S. Berry
ISBN : 9780191649165
Genre : Law
File Size : 60. 68 MB
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Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.

Chinese Civil Justice Past And Present

Author : Philip C. Huang
ISBN : 0742567699
Genre : History
File Size : 87. 70 MB
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The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.

Arbitration In China

Author : Kun Fan
ISBN : 9781782250739
Genre : Law
File Size : 20. 80 MB
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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler

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