Form and Substance in Anglo American Law

Author: P. S. Atiyah
Publisher: Oxford University Press
ISBN: 9780198255772
Release Date: 1987
Genre: Drama

This original book first offers a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles, then analyses the differences between English and American legal thought and practice, suggesting that the English system is more 'formal' and the American more 'substantive'.

Form and Substance in Anglo American Law

Author: P. S. Atiyah
Publisher: Oxford University Press
ISBN: 9780198257349
Release Date: 1991
Genre: Law

This original book first offers a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles, then analyses the differences between English and American legal thought and practice, suggesting that the English system is more 'formal' and the American more 'substantive'.

Legal Reasoning

Author: Martin P. Golding
Publisher: Broadview Press
ISBN: 1551114224
Release Date: 2001-03-02
Genre: Law

In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Die Bilanzierung von Pensionsgesch ften nach HGB US GAAP und IAS

Author: Iris Oldenburger
Publisher: Springer-Verlag
ISBN: 9783322896469
Release Date: 2013-03-08
Genre: Business & Economics

Iris Oldenburger präsentiert eine umfassende Analyse der Bilanzierung von Pensionsgeschäften im internationalen Vergleich und zeigt, dass sich § 340b HGB, SFAS 125 und IAS 39 unter Berücksichtigung der wirtschaftlichen Betrachtungsweise einander annähern.

Fundamentals of Legal Argumentation

Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9789402411294
Release Date: 2017-07-10
Genre: Philosophy

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

The Construction of Property

Author: Amnon Lehavi
Publisher: Cambridge University Press
ISBN: 9781107276772
Release Date: 2013-06-20
Genre: Law

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.

In Whose Name

Author: Armin von Bogdandy
Publisher: OUP Oxford
ISBN: 9780191026959
Release Date: 2014-07-24
Genre: Law

The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

The New European Private Law Vol 3 Essays on the Future of Private Law in Europe

Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
ISBN: 9789041119629
Release Date: 2002-10-16
Genre: Law

In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Revisiting the Question of Imputation in Corporate Criminal Law

Author: Constantine N. Nana
Publisher: Cambridge Scholars Publishing
ISBN: 9781443820073
Release Date: 2010-02-19
Genre: Law

It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.

Product Safety and Liability Law in Japan

Author: Luke Nottage
Publisher: Routledge
ISBN: 9781134433896
Release Date: 2004-07-31
Genre: Business & Economics

Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

Papacy Monarchy and Marriage 860 1600

Author: David d'Avray
Publisher: Cambridge University Press
ISBN: 9781316299272
Release Date: 2015-03-30
Genre: History

This analysis of royal marriage cases across seven centuries explains how and how far popes controlled royal entry into and exits from their marriages. In the period between c.860 and 1600, the personal lives of kings became the business of the papacy. d'Avray explores the rationale for papal involvement in royal marriages and uses them to analyse the structure of church-state relations. The marital problems of the Carolingian Lothar II, of English kings - John, Henry III, and Henry VIII - and other monarchs, especially Spanish and French, up to Henri IV of France and La Reine Margot, have their place in this exploration of how canon law came to constrain pragmatic political manoeuvring within a system increasingly rationalised from the mid-thirteenth century on. Using documents presented in the author's Dissolving Royal Marriages, the argument brings out hidden connections between legal formality, annulments, and dispensations, at the highest social level.