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Human Law And Computer Law Comparative Perspectives

Author: Mireille Hildebrandt
Publisher: Springer Science & Business Media
ISBN: 940076314X
Size: 73.41 MB
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The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow ‘beings’ compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of ‘code and law’ and the other develops from the domain of ‘law and literature’. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice.

Access To Justice And Legal Aid

Author: Asher Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509900853
Size: 18.73 MB
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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Aristotle And The Philosophy Of Law Theory Practice And Justice

Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
ISBN: 9400760310
Size: 15.91 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.

Administrative Law And Governance In Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Size: 35.78 MB
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This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

The Rule Of Law In Comparative Perspective

Author: Mortimer Sellers
Publisher: Springer Science & Business Media
ISBN: 9789048137497
Size: 77.36 MB
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This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

The Protection Of Property Rights In Comparative Perspective

Author: Sabrina Praduroux
Publisher: Europa Law Pub Netherlands
ISBN: 9789089521330
Size: 20.12 MB
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This book offers a comparative and interdisciplinary approach to the issue of property rights protection in Europe. This approach explores the tensions between the European and the national level. This is done by highlighting the different understanding of the constitutional role of property within different legal cultures and legal orders. The interaction and dialogue between national law and supranational human rights law in the area of property law is therefore at the center of the work. The book concentrates on the emerging conflicts between fundamental rights, the horizontal effect, and the positive obligations of states in the area of property law, but also provides new insights on what the protection of property rights at the European level implicates for national legal orders. Investigating the constitutional dimension of private property, which currently appears to be particularly fragmented and complex due to the ever-increasing influence of European human rights law over national laws, the book thus contributes to a critical understanding of the dynamic of property law in Europe today. ** About the author: Sabrina Praduroux holds a PhD in Comparative Law from the University of Palermo and in May 2012 she was granted a PhD from the Faculty of Law of the University of Helsinki. Her experiences as a trainee at both the European Court of Human Rights and the European Agency for Fundamental Rights, as well as a period as Visiting Scholar at McGill University, were of considerable value in writing this book. Her main fields of interest concern European human rights law and private law, and much of her work is comparative and interdisciplinary. (Series: European Studies in Private Law - Vol. 6)

Climate Change And Human Rights

Author: Ottavio Quirico
Publisher: Routledge
ISBN: 1317662679
Size: 23.29 MB
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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

European Union Non Discrimination Law

Author: Dagmar Schiek
Publisher: Routledge
ISBN: 1134049323
Size: 33.52 MB
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EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

The Unity Of Public Law

Author: Mark Elliott
Publisher: Bloomsbury Publishing
ISBN: 1509915192
Size: 39.46 MB
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This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Corruption And Human Rights In India

Author: C. Raj Kumar
Publisher: Oxford University Press
ISBN: 0199088705
Size: 76.99 MB
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The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.