Exclusionary Rules In Comparative Law

Author: Stephen C. Thaman
Publisher: Springer Science & Business Media
ISBN: 9400753489
Size: 80.16 MB
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This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.

Climate Change And The Law

Author: Erkki Hollo
Publisher: Springer Science & Business Media
ISBN: 940075440X
Size: 60.92 MB
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Climate Change and the Law is the first scholarly effort to systematically address doctrinal issues related to climate law as an emergent legal discipline. It assembles some of the most recognized experts in the field to identify relevant trends and common themes from a variety of geographic and professional perspectives. In a remarkably short time span, climate change has become deeply embedded in important areas of the law. As a global challenge calling for collective action, climate change has elicited substantial rulemaking at the international plane, percolating through the broader legal system to the regional, national and local levels. More than other areas of law, the normative and practical framework dedicated to climate change has embraced new instruments and softened traditional boundaries between formal and informal, public and private, substantive and procedural; so ubiquitous is the reach of relevant rules nowadays that scholars routinely devote attention to the intersection of climate change and more established fields of legal study, such as international trade law. Climate Change and the Law explores the rich diversity of international, regional, national, sub-national and transnational legal responses to climate change. Is climate law emerging as a new legal discipline? If so, what shared objectives and concepts define it? How does climate law relate to other areas of law? Such questions lie at the heart of this new book, whose thirty chapters cover doctrinal questions as well as a range of thematic and regional case studies. As Christiana Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC), states in her preface, these chapters collectively provide a “review of the emergence of a new discipline, its core principles and legal techniques, and its relationship and potential interaction with other disciplines.”

The Internationalization Of Law And Legal Education

Author: Jan Klabbers
Publisher: Springer Science & Business Media
ISBN: 1402094949
Size: 24.86 MB
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The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

Aristotle And The Philosophy Of Law Theory Practice And Justice

Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Size: 41.63 MB
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The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat

Author: James R. Silkenat
Publisher: Springer
ISBN: 3319055852
Size: 54.85 MB
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This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Satzger Fs Beulke

Author: Christian Fahl
Publisher: C.F. Müller GmbH
ISBN: 3811439499
Size: 56.30 MB
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Werner Beulke hat im Laufe seines Lebens viele Forschungs- und Betätigungsfelder für sich erobert sowie Querverbindungen zu Materien außerhalb des Strafrechts geknüpft. Die inhaltliche Vielfalt der Festschriftbeiträge zu seinem 70. Geburtstag und der weite Kreis der hierzu Beitragenden zeugen von dieser großen Bandbreite und der besonderen Wertschätzung, die der Jubilar im Kollegenkreis, bei Strafverteidigern und Richtern gleichermaßen genießt. Grundlagen und Kernmaterien des materiellen Strafrechts und des Verfahrensrechts werden ebenso behandelt wie strafrechtliche Nebengebiete und das Wirtschaftsstrafrecht. Praktische Fragen der Strafverteidigung, Themen aus der Kriminologie und dem Jugendstrafrecht, Schlaglichter auf ausländische Strafrechtssysteme und Rechtsvergleichung sowie Ausflüge in die Welt der Lehrbücher runden das Spektrum ab.

International Law As A Profession

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108138683
Size: 56.27 MB
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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

The Three Paths Of Justice

Author: Neil Andrews
Publisher: Springer Science & Business Media
ISBN: 9789400722941
Size: 56.47 MB
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This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Global Constitutionalism In International Legal Perspective

Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191151
Size: 14.76 MB
Format: PDF
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Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.