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A big cat overthrows the Indian state and establishes a reign of terror over the residents of a Himalayan town. A welfare legislation aimed at providing employment and commanding a huge budget becomes'unimplementable'in a region bedeviled by high levels of poverty and unemployment. Paper Tiger provides a lively ethnographic account of how such seemingly bizarre scenarios come to be in contemporary India. Based on eighteen months of intensive fieldwork, this book presents a unique explanation for why and how progressive laws can do what they do and not, ever-so-often, what they are supposed to do. It reveals the double-edged effects of the reforms that have been ushered in by the post-liberalization Indian state, particularly the effort to render itself more transparent and accountable. Through a meticulous detailing of everyday bureaucratic life on the Himalayan borderland, Paper Tiger makes an argument for shifting the very frames of thought through which we apprehend the workings of the developmental Indian state.

Following the thematic divisions of the first three volumes of Alfred Schutz's Collected Papers into The Problem of Social Reality, Studies in Social Theory and Phenomenological Philosophy, this fourth volume contains drafts of unfinished writings, drafts of published writings, translations of essays previously published in German, and some largely unpublished correspondence. The drafts of published writings contain important material omitted from the published versions, and the unfinished writings offer important insights into Schutz's otherwise unpublished ideas about economic and political theory as well as the theory of law and the state. In addition, a large group contains Schutz's reflections on problems in phenomenological philosophy, including music, which both supplement and add new dimensions to his published thought. All together, the writings in this volume cover Schutz's last 15 years in Europe as well as manuscripts written after his arrival in the USA in 1939. Audience: Students and scholars of phenomenology, social theory and the human sciences in general.

Technological revolutions have had an unquestionable, if still debatable, impact on culture and society—perhaps none more so than the written word. In the legal realm, the rise of literacy and print culture made possible the governing of large empires, the memorializing of private legal transactions, and the broad distribution of judicial precedents and legislation. Yet each of these technologies has its shadow side: written or printed texts easily become static and the textual practices of the legal profession can frustrate ordinary citizens, who may be bound by documents whose implications they scarcely understand. Parchment, Paper, Pixels offers an engaging exploration of the impact of three technological revolutions on the law. Beginning with the invention of writing, continuing with the mass production of identical copies of legal texts brought about by the printing press, and ending with a discussion of computers and the Internet, Peter M. Tiersma traces the journey of contracts, wills, statutes, judicial opinions, and other legal texts through the past and into the future. Though the ultimate effects of modern technologies on our legal system remain to be seen, Parchment, Paper, Pixels offers readers an insightful guide as to how our shifting forms of technological literacy have shaped and continue to shape the practice of law today.

Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.

Stig Kanger (1924-1988) made important contributions to logic and formal philosophy. Kanger's dissertation Provability in Logic, 1957, contained significant results in proof theory as well as the first fully worked out model-theoretic interpretation of quantified modal logic. It is generally accepted nowadays that Kanger was one of the originators of possible worlds semantics for modal logic. Kanger's most original achievements were in the areas of general proof theory, the semantics of modal and deontic logic, and the logical analysis of the concept of rights. He also contributed to action theory, preference logic, and the theory of measurement. This is the first of two volumes dedicated to the work of Stig Kanger. The present volume is a complete collection of Kanger's philosophical papers. The second volume contains critical essays on Kanger's work, as well as biographical essays on Kanger written by colleagues and friends.

international Encyclopedia of Crime and Conniption is made to serve the purpose of a sourcebook on the subject areas of direct and related interests pertaining to crime and corruption. The Encyclopedia provides readers with most of the core treaties, which are central to the issue of global crime and corruption, including their enforcement. Each entry provides full text of the respective convention. This encyclopedia mainly focuses on the following areas: crime, Kleptocracy, money Laundering and Criminal Justice System; Transnational Organized Crimes; International Court of Justice (ICJ): An Overview; Narcotic Drugs and Psychotropic Substances; War Crimes and Crime of Genocide; Trafficking in Human Beings: Prevention Suppression and Punishment Global Corruption and Anti-Corruption Measures; IJN Convention Against Corruption: Global Responses; Other International Initiatives for Preventing and Combating Corruption; Criminal and Civil Laws on Corruption: A Regional Approach; and International Bribery Situation and Anti-Bribery Measures.

This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction.Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future.With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.

Published in 1998, current themes in housing are explored in this collection of papers. The gamut of issues surrounding participation, such as tenant participation or decision-making participation, together with the forces leading to exclusion, such as in relation to ethnic minorities, are examined. The book will be relevant to all those in the housing movement together with those working in related disciplines.

This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia.This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including'codification of private law in post-soviet times','criminal law codification beyond the nation state'and'soft codification of private law'. In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law.This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Au 30 juin 2020, la RD Congo célébrait ses 60 ans d'accession à l'indépendance. À l'occasion, l'Université Catholique du Congo et l'Université Protestante au Congo ont organisé pour la première fois de leur histoire, sous leur label conjoint, un premier colloque interdisciplinaire autour du « Développement et Renaissance de la RD Congo : Perspectives politiques, économiques et socioculturelles ». Les Actes du colloque sont d'une riche et d'une rare contribution pluridisciplinaire de la part d'intellectuels congolais ayant non seulement revisité des sentiers battus, mais ayant surtout débattu d'un Congo de l'avenir sur le volet socioculturel…

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG's recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG's concept of sale by auction and its notion of intellectual property, as well as the CISG's principle of freedom of form and the possibility for reservations with the effect of its exclusion.The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Das Testament stellte den wohl wichtigsten Rechtsakt im Leben eines römischen Bürgers dar. Diese zentrale Bedeutung des Testaments für die antike römische Gesellschaft ist nicht nur aufgrund der literarischen Überlieferung erschließbar, sondern wird vor allem auch durch die eindrucksvolle Masse an Rechtstexten zu diesem Thema belegt. Das kunstvolle Regelungsgeflecht, welches gewährleisten sollte, dass der «letzte Wille» Wirksamkeit erlangte, sowie die Frage, wie die Grundsätze des Testamentsrechts praktischen Niederschlag in den überlieferten Dokumenten fand, war Gegenstand einer internationalen Tagung im November 2020. Die Schriftfassungen der Beiträge von führenden Experten aus Deutschland, Italien, Ungarn und der Schweiz sind im vorliegenden Band versammelt.

This book constitutes the thoroughly refereed proceedings of the First International Workshop on the Theory and Applications of Formal Argumentation, TAFA 2011, held in Barcelona, Spain, in Juli 2011, as a workshop at IJCAI 2011, the 22nd International Joint Conference on Artificial Intelligence. The 9 revised full papers presented together with 8 revised poster papers were carefully selected during two rounds of reviewing and improvement from 32 initial submissions. The workshop promotes and fosters uptake of argumentation as a viable AI paradigm with wide ranging application, and provides a forum for further development of ideas and the initiation of new and innovative collaborations. The papers cover the following topics: properties of formal models of argumentation; instantiations of abstract argumentation frameworks; relationships among different argumentation frameworks; practical applications of formal models of argumentation; argumentation and other artificial intelligence techniques; evaluation of formal models of argumentation; validation and evaluation of applications of argumentation.

Les transformations profondes envisagées par le président de la République Emmanuel Macron dans les trois projets de lois constitutionnelle, organique et ordinaire des 9 et 23 mai 2018 se concentrent principalement sur les collectivités territoriales et sur quatre institutions avec pour objectifs : le renforcement du rôle du Conseil supérieur de la magistrature, la suppression de la Cour de justice de la République, la rénovation du Conseil économique social et environnemental, et surtout la reviviscence du Parlement. Ces réformes n'ont pas encore été parachevées en raison du retard accusé à les élaborer et des péripéties telles que l'affaire dite « Benalla » ou la crise des « Gilets jaunes ». Mais quand bien même ces projets seraient modifiés ou abandonnés, l'histoire de la Ve République a montré que des mesures constitutionnelles pouvaient resurgir des années plus tard.

Constitution, une des notions les plus mobilisées de la science du droit public. Fruit mûr de riches échanges scientifiques sur la forme et les modalités de la fabrique des Constitutions ou de l'« ingénierie » constitutionnelle, des débats sur les institutions et les valeurs constitutionnelles, des discussions nourries sur le sens, les fonctions et les finalités de la Constitution dans nos différents Etats, cet ouvrage intéressera non seulement les étudiants, les chercheurs et les enseignants, mais aussi les responsables et les esprits avertis qui pourraient se demander à haute voix : pourquoi se pencher à nouveau, et ce, pendant trois jours d'échanges scientifiques, sur la notion de Constitution?

Der Band zur gleichnamigen 9. Tagung im Nordkolleg Rendsburg. Hitler als Opernliebhaber, Gangsta-Rap und Strafrecht, ein psychoanalytischer Blick auf den antiken Atriden-Mythos, Charles Dickens als Analytiker der englischen Justiz: Die Vorträge bieten eine inspirierende Mischung aus tiefgründiger Analyse und geistvoller Unterhaltung. Und ein profilierter Strafrechtsprofessor präsentiert sich als Autor spannungsgeladener Literatur.

Die Schaffung, Zuordnung und Verwertung von IP-Rechten ist eine der interessantesten Herausforderungen, wenn es um die Steuerplanung geht. Einer Bandbreite attraktiver Gestaltungsmöglichkeiten stehen nicht unerhebliche Risiken und die politische Forderung nach einer verantwortungsvollen Steueroptimierung gegenüber. Vor dem Hintergrund sich konkretisierender BEPS-Maßnahmen fokussieren die Teilnehmer der 4. WCL Frankfurter Tax-Gespräche in diesem Band vor allem die Auswirkungen verschiedener Strategien.Die Herausgeber Prof. Wolfgang W. Kraft Ph.D ist als Founder für die strategische Ausrichtung, die Internationalisierung, strategische Partnerschaften und Allianzen, Programmatik, das Management und Kommunikation sowie die Mitgliederbetreuung des WCLF verantwortlich. Rechtsanwalt und Steuerberater Dr. Andreas Striegel, LL.M. (Miami,) betreut insbesondere mittelständische Mandanten bei rechtlichen und steuerlichen Fragen der nationalen und internationalen Gestaltungen, Akquisitionen und Desinvestitionen sowie Kooperationen und Finanzierungsgestaltungen.

Como uma coleção de folhas de papel, este livro reúne, em cadernos, diferentes olhares, experiências e estudos sobre a pena de morte, sob a perspectiva do Direito e da Literatura. Assim, esses textos são resultados do entrelaçamento de pensamentos e de inquietações de autores-colaboradores, em diferentes espaços e realidades, com o propósito de concitar o leitor à reflexão acerca da pena morte e sua relação com os crimes de guerra, com a biopolítica, com a temporalidade sui generis do condenado, com a banalidade do mal, com o imaginário da opinião pública e também como é encarada dentro do Sistema Interamericano de Direitos Humanos. São evocados tanto casos célebres reais, que mobilizaram a opinião pública no Brasil e no mundo, quanto casos ficcionais — de Victor Hugo e Herman Melville a Leonardo Sciascia e Norio Nagayama —, em um sensível diálogo entre a literatura e o direito à vida. Esperamos, a partir dos textos que integram esta coletânea, estimular um debate cada vez mais necessário.

Ohne Schuld und Sühne, Belohnung und Strafe, ohne Verbrechen und Leidenschaft, Opfer und Täter kam die Literatur nie aus und die Literatur der Romantik ist wie die Zeit davor und danach durchzogen von Rechtsfällen. Im Zuge der Aufklärung wuchs das Interesse an Rechtsfällen sowie am Verbrecher und seinen Beweggründen. Doch wandelten sich das Rechtssystem und die Rechtsauffassung im Zeitalter der Romantik entscheidend. Vor allem durch die ‚Begründung der Historischen Rechtsschule‘ erhielt die Rechtswissenschaft eine neue Grundlage; der Code civil galt als Verletzung des nationalen Rechtsbewusstseins: „der eigentliche Sitz des Rechts [sei] das gemeinsame Bewußtseyn des Volkes', glaubte Savigny. Die Beiträge der Rechtshistoriker und Literaturwissenschaftler gehen den Fragen von Recht und Gerechtigkeit, Verbrechen und Strafe in rechtshistorischen Werken, in Literatur, Ästhetik und Sprache, aber auch in der Rechtspraxis nach: Die historische Rechtsschule, besonders Grimm, Puchta und Savigny, der Bedeutungswandel von Rechtswörtern, Achim von Arnim, Clemens und Bettina, Bonaventura, E.T.A. Hoffmann, die Grimmschen Märchen, A.W. Schlegels Shakespeare-Übersetzungen, Kleist, Eichendorff und Tieck sind die exemplarisch verhandelten Themen.

The Second International Conference on Forensic Applications and Techniques in Telecommunications, Information and Multimedia (e-Forensics 2009) took place in Adelaide, South Australia during January 19-21, 2009, at the Australian National Wine Centre, University of Adelaide. In addition to the peer-reviewed academic papers presented in this volume, the c- ference featured a significant number of plenary contributions from recognized - tional and international leaders in digital forensic investigation. Keynote speaker Andy Jones, head of security research at British Telecom, outlined the emerging challenges of investigation as new devices enter the market. These - clude the impact of solid-state memory, ultra-portable devices, and distributed storage – also known as cloud computing. The plenary session on Digital Forensics Practice included Troy O'Malley, Que- sland Police Service, who outlined the paperless case file system now in use in Que- sland, noting that efficiency and efficacy gains in using the system have now meant that police can arrive at a suspect's home before the suspect! Joseph Razik, represe- ing Patrick Perrot of the Institut de Recherche Criminelle de la Gendarmerie Nati- ale, France, summarized research activities in speech, image, video and multimedia at the IRCGN. The plenary session on The Interaction Between Technology and Law brought a legal perspective to the technological challenges of digital forensic investigation.

In 1989 the late Prof Michael Beesley and Prof David Hensher convened a workshop of an invitational group of academics, transport operators and government regulators to review and report on the recent reforms in the British bus sector. The workshop was held in Thredbo, Australia. At the time this was a once off activity. Its success was such that it spawned a series of biannual conferences (now known as the Thredbo series) held in Finland (1991), Canada (1993), New Zealand (1995), England (1997), South Africa (1999), Norway (2001), Brasil (2003) and Portugal (2005). The conference series attracts a unique mix of researchers and practitioners with the common aim to share their experiences throughout the world on topics related to the institutional reform of land passenger transport (especially bus, rail and ferry). The focus is on workshops and plenary sessions in which participants are engaged in intense discussions that lead to the production of workshop reports that set the agenda for reform for the next period between the conferences. In the past workshop reports have been published in a major international journal and selected papers in special issues of journals. The growing number of citations of the material from the thredbo series has motivated this book, providing an opportunity to bring together in one volume the best papers from the conference plus the workshop reports. All chapters have been peer refereed. The themes in this volume (the first in a new series) include competition and regulation, contract specifications (especially performance-based contracts), regulatory and planning tools, institutional frameworks, service quality and pricing and performance data and measurement. Within one volume we provide a comprehensive update and review of the reform programs throughout the world in the land passenger transport sector. The volume is edited by Professor David Hensher, co-founder of the series and a recognized world authority in the field. It is the most current global assessment of reforms in land passenger transport. It contains papers written by those who influence policy and institutional reform in over 20 countries. It presents a comprehensive statement of the successes and failures in public transport reform. Many of the authors are regarded as the leading authorities in the field. The case studies throughout the world are not available in any other single source.

The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge concerning organization, structure, and content in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. Multisystem and multilingual ontologies provide an important opportunity to integrate different trends of research in AI and law, including comparative legal studies. Complexity theory, graph theory, game theory, and any other contributions from the mathematical disciplines can help both to formalize the dynamics of legal systems and to capture relations among norms. Cognitive science can help the modeling of legal ontology by taking into account not only the formal features of law but also social behaviour, psychology, and cultural factors. This book is thus meant to support scholars in different areas of science in sharing knowledge and methodological approaches. This volume collects the contributions to the workshop's third edition, which took place as part of the 25th IVR congress of Philosophy of Law and Social Philosophy, held in Frankfurt, Germany, in August 2011. This volume comprises six main parts devoted to the each of the six topics addressed in the workshop, namely: models for the legal system ethics and the regulation of ICT, legal knowledge management, legal information for open access, software agent systems in the legal domain, as well as legal language and legal ontology.

In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography. Underlying his liberalism is a unified theory. That theory consists of a conception of rights, a theory of value and a theory of government. The conception of a right that Berger defends derives from J ohn Stuart Mill and is captured by what he calls'the rights­ formula': to have a right is to have important interests that society ought to protect as a matter of general rule (pp. 2, 7, 17-18, 19, 95). Since rights are to be protected by general rule, case-by-case consideration of consequences is ruled out (pp. 3, 18, 96) and neither modest increases in the general welfare, nor majority opinion, can justify the violation of a right (pp. 14-15; 17-18). Berger combines this view of the nature of a right with an objective theory of value according to which the important interests that ought to be protected are ones that people have'whether they know them or not, whether they desire that in which they have an interest or not'(p.

Legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. In response to new problems, changing power structures, changing societal norms and new faces of injustice established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal semiotics. Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define? This book discusses the questions mentioned above from three, related perspectives: -Legal theory (Part I). -Judicial reasoning (Part II). -Application of law in politics and diplomatic practice (Part III).

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty.With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

This is a complete and comprehensive guide for applicants sitting the National Admissions Test for Law (LNAT) examination. As a one-stop solution to performing well in the LNAT, this guide comes with tips, strategies, full practice papers, and answers with detailed explanations.Compiled by a team of LNAT mentors, consultants, and coaches with input from admissions officers, this book offers the most comprehensive and accurate practice papers available. The papers were vetted by Oxford and Cambridge graduates with personal experience of the examination, and are set to a standard of difficulty that is on a par with the actual LNAT. This provides students with a thorough and accurate simulation of the questions they will face.The Complete LNAT Guide: An Expert Guide to Success is an essential book for all applicants preparing to sit the LNAT examination.

Slaves were property of their dominus, objects rather than persons, without rights: These are some components of our basic knowledge about Roman slavery. But Roman slavery was more diverse than we might assume from the standard wording about servile legal status. Numerous inscriptions as well as literary and legal sources reveal clear differences in the social structure of Roman slavery. There were numerous groups and professions who shared the status of being unfree while inhabiting very different worlds. The papers in this volume pose the question of whether and how legal texts reflected such social differences within the Roman servile community. Did the legal system reinscribe social differences, and if so, in what shape? Were exceptions created only in individual cases, or did the legal system generate privileges for particular groups of slaves? Did it reinforce and even promote social differentiation? All papers probe neuralgic points that are apt to challenge the homogeneous image of Roman slave law. They show that this law was a good deal more colourful than historical research has so far assumed. The authors'primary concern is to make this legal diversity accessible to historical scholarship.

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc. Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only tocritical legal scholars but also all those belonging to mainstream legal and political thought.

This book presents a collection of high-quality research works and professional perspectives arising from the call for papers of the Privacy Symposium 2022; an international conference aimed towards the promotion of international dialogue, cooperation and knowledge sharing on data protection regulations, compliance and emerging technologies. Gathering legal and technology expertise, this publication provides cutting-edge perspectives on the convergence of international data protection regulations, as well as data protection compliance of emerging technologies, such as: Artificial Intelligence, e-health, blockchain, edge computing, Internet of things, V2X and Smart Grids. It includes selected papers from the Privacy Symposium conference 2022 (PSC 2022) call for papers, encompassing relevant topics, including: international law and comparative law in data protection cross-border data transfers emerging technologies and data protection compliance data protection by design technologic solutions for data protection compliance data protection good practices across industries and verticals cybersecurity and data protection assessment and certification of data protection compliance, and data subject rights implementation This publication includes papers authored by academics and professionals involved on various areas of data protection, technical, legal and compliance services.Chapter 8 and 10 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

This third volume of the Balkan Yearbook of European and International Law (BYEIL) is devoted in particular to the specific legal challenges faced by Southeast European countries in the area of intellectual property law. The authors discuss a range of topics in Serbian and Bosnian and Herzegovinian copyright law, trademark and patent law, the relevance of which extends beyond their national borders. The papers included in the permanent sections on European law and international law explore contemporary challenges in public and private law. These challenges concern various legal fields, including consumer law, commercial law, corporate and criminal law, and the corresponding papers tackle a number of fundamental theoretical issues, while also highlighting the latest developments in legal practice.

This open access book presents recent research and hot topics in the field of real estate science in Japan. It features carefully selected English translations of peer-reviewed papers and excellent articles published in the Japanese Journal of Real Estate Sciences, as well as papers presented at the Japan Association of Real Estate Sciences (JARES) annual conference. The topics covered include market analyses of vacant houses, policies for reuse of vacant houses, property tax policy, issues of land for which the owners are unknown, disaster and real estate values, the siting optimization plan and its influence on real estate, big data and ICT technology for the real estate business, and public real estate management.Real estate science in Japan has developed in step with international research in the fields of law and economics, regional science, civil engineering, environmental science, architectonics, and related areas. At the same time, it has evolvedinto a unique discipline that focuses on policy-oriented practical science with arguments for the reform of outdated laws, regulations, and traditional customs. Asian countries are currently growing rapidly and are catching up with developing countries. The lessons learned and know-how accumulated by JARES is helpful for practitioners and policymakers not only in Japan, but also in other Asian countries.

Examination Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 15, LMU Munich (Juristische Fakultät), course: Schwerpunktseminar - Internationale Schiedsgerichtsbarkeit, language: English, abstract: This paper deals with the question whether there are limits to the competence of arbitral tribunals to decide on the arbitrators'fees. The paper begins with an outline of the principle, that no one shall be judged in his own affairs in order to demonstrate the problematic nature of the issue. The examination of the scope of competence and its limits will follow the two phases during which its relevance becomes apparent: First, the tribunal's right to remuneration and the scope of its competence to determine such at the stage of the arbitral proceeding. Second, restrictions and limits set by national courts during recognition and enforcement of the award will be addressed. The recent landmark decision by the German Federal Supreme Court shall be evaluated also in light of international case law. A judge or arbitrator would automatically be disqualified from hearing a case in which he or she has a financial or non-pecuniary interest. Statements like this can be found in almost every paper addressing the requirements of an impartial arbitral tribunal or court. If an arbitrator has a financial interest in the victory of a party of the proceeding, it is undisputed that he or she is not capable to decide over the dispute. This gives rise to the question, why courts and legal scholars are hesitant to apply this principle of impartiality to the arbitrators'competence to decide upon its own fees and costs. Certainly, the issue has its own characteristics such as the parties'voluntary submission to arbitration and the special contractual relationship between parties and arbitrators. But how shall the centuries-old principle of nemo iudex in causa sua apply, when an arbitral tribunal decides upon the arbitrators'fee? Under this doctrine no one may act as judge in his own affairs. It is a key rule of natural justice and an essential part of the right to a fair trial as set forth in Art. 6 (1) of the European Convention on Human Rights. It is this paper's objective to analyse and discuss the limits of the arbitral tribunal's competence to judge on its own remuneration.

This volume of Eurasian Studies in Business and Economics includes selected papers from the 25th Business and Economics Society (EBES) Conference, held in Berlin, Germany, in May 2018. While the theoretical and empirical papers presented cover diverse areas of economics and finance from different geographic regions, the main focus is on the latest research in the economics of innovation, investment and risk management together with regional studies. The book also includes studies on law and regulation themes such as economic offences by women, formation of contracts via the internet and public tender for residents of communes.

Bachelor Thesis from the year 2017 in the subject Law - Miscellaneous, grade: B, Moi University (Annex School of Law), course: Bachelor of Laws (Honours), language: English, abstract: This legal research paper investigates the management of intergovernmental disputes in the Kenyan devolved system since 2013 when the first governments took power under the new Constitution of Kenya, 2010. The constitutional, legal and institutional framework for managing intergovernmental disputes in the Kenyan devolved system is examined. The process of management of intergovernmental disputes effectively for the realization of the objects of devolution in Kenya is accessed. South African jurisprudence on the management of intergovernmental disputes is used because it provides instructive lessons on interpreting the Kenyan constitutional provisions on the management of intergovernmental disputes. The result of this study is that the process of management of intergovernmental disputes in the Kenyan devolved system is a three-tier process. The starting point in the management of intergovernmental disputes is to prevent, minimize and avoid such disputes through intergovernmental relations and cooperative government. Secondly, where avoidance fails, intergovernmental disputes are formally declared and the governments are obligated to resolve such disputes through Alternative Dispute Resolution (ADR) mechanisms so as not to strain their relationships, amongst other reasons. Lastly, the governments are allowed to access the courts as the last resort after all reasonable efforts to resolve such disputes through ADR mechanisms have completely failed. The jurisprudence emerging from the Kenyan courts has been useful in this research. South African jurisprudence on the management of intergovernmental disputes has also been useful on providing instructive lessons on how the Kenyan constitutional provisions on the management of intergovernmental disputes can be interpreted. This legal research paper concludes that purposive interpretation of the constitutional provisions dealing with the management of intergovernmental disputes must be adopted. This is because one of the ways through which the objects of devolution can be achieved in the Kenyan devolved system is through the efficient management of intergovernmental disputes.

The Fourth Industrial Revolution has the potential to raise global income levels and improve the quality of life for populations around the world. Technology development of AI, self-driving, big data, the Internet of things, and many digital revolutions have changed how people interact with each other. Therefore, developing a comprehensive and globally shared view of how technology is affecting our lives and reshaping our social, cultural, and human environments is essential. There has never been a time of more significant promise, or one of greater potential peril. Today's decision-makers, however, are too often trapped in traditional, linear thinking, or too absorbed by the multiple crises demanding their attention, to think strategically about the forces of disruption and innovation shaping our future.The main goal of the conference was to provide an outlet for papers discussing the importance and impact of industrial revolution 4.0 to influence social aspect in human life. The proceedings consist of papers covering issues on psychology, law, communication studies, culture, religion, and literature. The proceedings will provide the latest research and constitute a concise but timely medium for the dissemination.The Proceedings of the 1st International Conference on Social Sciences Series (SOSCIS 2019) will be invaluable to professionals and academics in psychology, law, communication studies, culture, religion, and literature.

The proliferation of data-driven criminal justice operations creates millions of criminal records each year in the United States. Documenting everything from a police stop to a prison sentence, these records take on a digital life of their own as they are collected by law enforcement and courts, posted on government websites, re-posted on social media, online news and mugshot galleries, and bought and sold by data brokers. The result is'digital punishment,'where mere suspicion or a brush with the law can have lasting consequences. In Digital Punishment, Sarah Esther Lageson unpacks criminal recordkeeping in the digital age, as busy and overburdened criminal justice agencies turned to technological solutions offered by IT companies over the last two decades. These operations produce a mountain of data, including the names, photographs, and home addresses of people arrested or charged with a crime, transforming millions of paper records into a digital commodity. Regardless of factual or legal guilt, these records rapidly multiply across the private sector background checking and personal data industries. Emboldened by public records laws designed for paper-based systems, criminal record data has become an extremely valuable resource for employers, landlords, and communities to monitor criminal behavior and assess other people. But while transparency laws were originally designed to allow governmental watchdogging, digital punishment has redirected our gaze toward one another. Hundreds of interviews detailed in this book reveal the consequences of digital punishment, as people purposefully opt out of society to cope with privacy and due process violations. As criminal histories impact nearly every aspect of private and civic life, the collateral consequences of even the most minor records are much more than barriers to employment and housing. For the criminal record-holder, the messy entanglement of government bureaucracy is nothing compared to the jurisdiction-less haze of the internet. Drawing on empirical data, interviews, and review of case law, this book powerfully demonstrates that addressing digital punishment will require a direct acknowledgement of privacy and dignity in the context of public accusation, and a reckoning of how rehabilitation can actually occur in a society that never forgets.

This book presents selected papers from the 23rd Eurasia Business and Economics Society (EBES) Conference, held in Madrid, Spain. While the theoretical and empirical papers presented cover diverse areas of economics and finance in different geographic regions, the main focus is on the latest research concerning international trade, public economics, and regional studies. The book also includes studies on the economics of innovation, inequality and tourism.

The two sections of this volume present theoretical developments and practical applicative papers respectively. Theoretical papers cover topics such as intercultural pragmatics, evolutionism, argumentation theory, pragmatics and law, the semantics/pragmatics debate, slurs, and more. The applied papers focus on topics such as pragmatic disorders, mapping places of origin, stance-taking, societal pragmatics, and cultural linguistics. This is the second volume of invited papers that were presented at the inaugural Pragmasofia conference in Palermo in 2016, and like its predecessor presents papers by well-known philosophers, linguists, and a semiotician. The papers present a wide variety of perspectives independent from any one school of thought.

This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI).Some of the papers have been extensively reviewed and updated by the authors prior to publication.The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference.They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights.Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. • • • Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell'Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell'Unione degli Avvocati Europei (UAE), dell'Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell'Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell'Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all'applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell'attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.

New Technologies, Artificial Intelligence and Shipping Law in the 21st Century consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 14th International Colloquium at Swansea Law School in September 2018. Written by a combination of top academics and highly experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding new technology and shipping.The book is set out in three parts: Part I offers a detailed and critical analysis of issues that are emerging, and those that are likely to emerge, from the use of advanced computer technology, particularly at the contracting process and in the context of issuing trading documents. Part 2 focusses on artificial intelligence and discusses the contemporary issues that will emerge once autonomous ships and similar crafts are put to use in the world's oceans. As well as this, the legal impact of ports utilising artificial intelligence and computer technology will also be considered. Part 3 analyses how the increasing use of legal technology is changing insurance underwriting and shipping litigation. An invaluable guide to the recent technological advances in shipping, this book is vital reading for both professional and academic readers.

This monograph presents new ideas in nomic truth approximation. It features original and revised papers from a (formal) philosopher of science who has studied the concept for more than 35 years.Over the course of time, the author's initial ideas evolved. He discovered a way to generalize his first theory of nomic truth approximation, viz. by dropping an unnecessarily strong assumption. In particular, he first believed to have to assume that theories were maximally specific in the sense that they did not only exclude certain conceptual possibilities, but also that all non-excluded possibilities were in fact claimed to be nomically possible.Now, he argues that the exclusion claim alone, or for that matter the inclusion claim alone, is sufficient to motivate the formal definition of being closer to the nomic truth. The papers collected here detail this generalized view of nomic truthlikeness or verisimilitude.Besides this, the book presents, in adapted form, the relation with several other topics, such as, domain revision, aesthetic progress, abduction, inference to the best explanation, pragmatic aspects, probabilistic methods, belief revision and epistemological positions, notably constructive realism.Overall, the volume presents profound insight into nomic truth approximation. This idea seeks to determine how one theory can be closer to, or more similar to, the truth about what is nomically, e.g. physically, chemically, biologically, possible than another theory. As a result, it represents the ultimate goal of theory oriented empirical science.Theo Kuipers is the author of Studies in Inductive Probability and Rational Expectation (1978), From Instrumentalism to Constructive Realism (2000) and Structures in Science (2001). He is the volume-editor of the Handbook on General Philosophy of Science (2007).In 2005 there appeared two volumes of Essays in Debate with Theo Kuipers, entitled Confirmation, Empirical Progress, and Truth Approximation and Cognitive Structures in Scientific Inquiry.

Published in 1998. This collection of papers, written by leading lawyers and sociologists in the UK, focuses on the relationships between gender and the law in the context of three areas of law: family law, criminal law and equal rights. The papers argue that gender roles within society affect the legal rights of individuals and impact on procedures they go through to enforce their rights or to gain redress for wrongs done to them. By failing to recognize the social and economic situations in which men and women are placed, the law perpetuates inequalities in their positions. Where attempts are made to ensure equality between the sexes, the result is often the exact opposite, because the legal system treats individuals as equals operating in a vacuum, ignoring the argument that equal treatment does not necessarily mean the same treatment, but can mean different treatment to ensure equality of result. Topics include: ¢ Disputes in the area of parental child custody rights ¢ The rights of surviving spouses to their deceased partner's estate ¢ Theories for violent behaviour in women as contrasted with men ¢ Gender bias in criminal sentencing ¢ The role of European law in promoting sex equality in the work place ¢ Pornography and free speech ¢ Homosexuality as a civil right of citizenship

This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more.The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.

This title was first published in 2003. The essays in this collection are written by academics and practitioners who look at some of the key aspects of family law. Papers include one from Lord Justice Ward, who gave the first judgement in the Court of Appeal on the case of the conjoined twins from Malta, another from Judge Pearl who has been responsible for training the judiciary on the impact of the Human Rights Act on family law, while Dr C. Ball contributes a paper on aspects of the 1989 Children Act. Parent and child contact across borders is dealt with in a paper by William Duncan, who is Deputy Director General of the Hague Conference. Other topics include medical evidence in child cases, pre-nuptial agreements and the re-establishing of contact after divorce.

First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference'The Reform of Property Law'hosted by the Centre for Property Law at The University of Reading in 1996.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.