The Quest For Core Values In The Application Of Legal Norms

Author : Khalid Ghanayim
Publisher : Springer Nature
ISBN 13 : 3030789535
Total Pages : 340 pages
Book Rating : 4.34/5 ( download)

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Download or read book The Quest for Core Values in the Application of Legal Norms written by Khalid Ghanayim and published by Springer Nature. This book was released on 2021-10-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former judges on constitutional courts and international courts, and some of the world’s leading criminal law, public law, and international law scholars – offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

Author : Annegret Hartig
Publisher : Springer Nature
ISBN 13 : 946265591X
Total Pages : 526 pages
Book Rating : 4.11/5 ( download)

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Download or read book Making Aggression a Crime Under Domestic Law written by Annegret Hartig and published by Springer Nature. This book was released on 2023-03-13 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the legal questions that arise for the legislative branch when implementing the crime of aggression into domestic law. Despite being the “supreme international crime” that gave birth to international criminal law in Nuremberg, its ICC Statute definition has been incorporated into domestic law by fewer than 20 States. The crime of aggression was also omitted in the rich debate held among German scholars in the early 2000s regarding the legislative implementation of other ICC Statute crimes. The current inability of the International Criminal Court to respond to the Russian aggression towards Ukraine invites the continuation of these academic debates without neglecting the particularities of the crime of aggression. The fundamental issues discussed in this volume include the obligation to criminalize aggression, the core wrong of the crime, the normative gaps under domestic law and the jurisdictional gaps under the ICC Statute. To facilitate the operationalization of domestic implementation, the book explores the technical options for incorporating the definition into domestic law, the geographical ambit of domestic jurisdiction—most notably universal jurisdiction—as well as legal challenges such as immunities. The book is aimed primarily at researchers and States with an interest in the domestic implementation of international criminal law but those already working in the field should also find much of interest contained within it. Dr. Annegret Hartig is Program Director of the Global Institute for the Prevention of Aggression and worked as a researcher at the University of Hamburg where she obtained her doctoral degree in international criminal law.

Author : Clara Rigoni
Publisher : Taylor & Francis
ISBN 13 : 1000631656
Total Pages : 216 pages
Book Rating : 4.54/5 ( download)

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Download or read book Honour-Based Violence and Forced Marriages written by Clara Rigoni and published by Taylor & Francis. This book was released on 2022-08-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Author : Matthias Mahlmann
Publisher : Cambridge University Press
ISBN 13 : 1316877566
Total Pages : 515 pages
Book Rating : 4.62/5 ( download)

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Download or read book Mind and Rights written by Matthias Mahlmann and published by Cambridge University Press. This book was released on 2023-02-16 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Author : Michael McCann
Publisher : Routledge
ISBN 13 : 1351560735
Total Pages : 1001 pages
Book Rating : 4.33/5 ( download)

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Download or read book Law and Social Movements written by Michael McCann and published by Routledge. This book was released on 2017-07-05 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.

Author : André Nollkaemper
Publisher : Oxford University Press on Demand
ISBN 13 : 019923194X
Total Pages : 403 pages
Book Rating : 4.42/5 ( download)

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Download or read book New Perspectives on the Divide Between National and International Law written by André Nollkaemper and published by Oxford University Press on Demand. This book was released on 2007 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses one of the most pressing issues of modern international law: the relationship between the international legal order and the domestic legal orders of sovereign states. It contains different perspectives on the legal complexity that results from the interactions between the international and domestic spheres.

Author : Joel P. Trachtman
Publisher : Cambridge University Press
ISBN 13 : 1107035899
Total Pages : 317 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Future of International Law written by Joel P. Trachtman and published by Cambridge University Press. This book was released on 2013-02-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Author :
Publisher : Cambridge University Press
ISBN 13 : 0521514398
Total Pages : 431 pages
Book Rating : 4.92/5 ( download)

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Download or read book Ruling the World? written by and published by Cambridge University Press. This book was released on with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255826
Total Pages : 704 pages
Book Rating : 4.26/5 ( download)

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Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.