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This book examines the historical evolution from marking or branding products for ownership purposes to branding products in order to promote the brand itself. In the extreme, some modern brands so strongly promote their brand image or personality that there is little emphasis on promoting the branded products themselves. Central to this evolution is the development and protection of brand identifiers, such as names, logos, and more, as well as the development of registration and conflict-resolution systems to resolve disputes regarding brand identifier similarities. The author meticulously navigates the historical evolution of brand marketing, elucidating the manner in which this practice has evolved over time. To get a sense of how much brand marketing has grown, he examines advertising expenditures, the scholarly and professional literature, a few case studies, and the growing number of brand identifier registrations and disputes. He examines several legal areas including trademarks, unfair competition, copyrights, design patents and even antitrust law. In modern times, the legal system not only enables brand marketing but sets limits on it as well. The book concludes by examining some modern developments that are testing the limits. Catering to researchers vested in the realms of advertising and marketing history as well as law, this landmark text provides a thorough survey of brand marketing and its regulatory landscape.

The volume is a result of a much-needed effort to rethink traditional legal concepts in a gender-sensitive and gender competent manner. The book deals with topics as jurisprudence and gender, feminist approaches to jurisprudence: liberalism, difference, dominance, anti-essentialism, postmodernism, positivism, natural law, feminist jurisprudence, developments in feminist legal theory as well as feminist critiques of traditional legal concepts.

In an era where technology is evolving at breakneck speed and populist movements are reshaping political landscapes, the regulation of market participants stands at a critical crossroads. The future of antitrust — once a relatively stable domain of law and policy — is now caught in a fierce battle between traditional doctrines and emerging approaches that seek to address the new realities of our time. This book delves into this struggle, offering a thought-provoking exploration of how antitrust laws have evolved, how they are being challenged, and what is at stake for the future. Through a unique lens that juxtaposes the legacies of Louis Brandeis, Robert Bork, and Joseph Schumpeter, this book offers an insightful analysis of the forces shaping the future of antitrust. By tracing the historical evolution of antitrust law through economic theory and examining the ongoing debates that define today's regulatory environment, the author provides a comprehensive yet accessible guide to the competing schools of thought in this critical field. This is a highly valuable resource for a diverse readership interested in the future of competition law and the broader regulation of innovation, from legal experts to students of law and economics, as well as professionals and policymakers navigating the complexities of market regulation.

Axel Honneth's theory of recognition comes from a theoretical paradigm attached to Western deliberative democracy. Honneth does not interpret recognition from the perspective of gender equality and how a woman may be recognized in non democratic and non Western societies. If one interprets the theory of recognition with a focus on the situation of women, it is possible to identify that legal recognition plays a fundamental role. It is relevant, then, to propose forms of struggling for the recognition of these women. It is adopted the methodology of Critical Theory and recognition is illustrated from the perspectives of case studies, for instance, regarding women in China and Morocco. In these countries, there are different forms of disrespect. Nevertheless, despite restrictions imposed by government and culture, both countries still have forms of struggling for recognition that should be perceived. Several forms of struggling for recognition, to turn recognition into a universal institute, which can be applied in different contexts. There are always forms of struggling for better conditions of women's recognition in every community, through the support of law.

Against the widespread, mainstream take on the philosophy of law, this collected volume fills an important scholarly gap by introducing a phenomenological account of some of the major questions and themes of jurisprudence such as rights and norms. This volume argues that wherever there is a demand for grounding normativity, the phenomenological method can provide a priori—albeit corrigible—access to essential truths, with reference to beings and their social relationships. The present work reflects upon the place and potential impact on the theory of law and normativity stemming from the phenomenology of Edmund Husserl—largely overlooked by legal philosophers and legal theorists. Further coverage contains those who have built upon these ideas of Husserl such as Martin Heidegger, Alfred Schutz, Edith Stein, Emmanuel Levinas, and Adolf Reinach. This text addresses new issues and questions from the general perspective of the phenomenology of law. It is a response to those critical of phenomenology by presenting sober arguments in support of its potential for achieving a deeper grasp of legal normative concepts such as rights, claims, obligations, promises, and apologies. Boundaries between law and morality as well as legal and social ontologies are approached from a phenomenological perspective. It appeals to students, researchers, and professionals working in phenomenology, ethics, legal philosophy, and human rights theory and practice.

This textbook is an essential primer for philosophy students embarking on their journey into the field of ethics and political philosophy. It is meticulously structured to unfold the rich tapestry of ethical discourse in a manner that is both profound and accessible to undergraduate and graduate students alike. Each chapter begins with a brief introduction, followed by an in-depth exploration of ethical concepts, and concludes with thought-provoking study questions and a curated list of further readings.

This book examines procedural trials using the procedure of excluding illegal evidence as an example. Criminal trials include both substantive and procedural trials. The former focuses on the criminal responsibility of the defendant, while the latter aims to resolve procedural disputes between the prosecution and the defense. The illegal evidence exclusion process is a typical procedural trial that examines the lawfulness of evidence taking and excludes illegally obtained evidence.The object of the study is the procedural rules of excluding illegal evidence in China. This book is innovative in that it examines the nature, function, subject matter, and litigation structure of procedural trials, and the relationship between procedural and substantive procedures. Moreover, the book compares various countries'procedure of excluding illegal evidence and examines the initiation, trial, rules of evidence, and appeals of the procedure of excluding illegal evidence in China.

This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.

This book honors the diverse and path-breaking work of Michael Adler, a pioneer of socio-legal scholarship in the UK. The book brings together an international group of scholars—established and emerging researchers from across the globe—to develop key ideas generated by Adler's scholarship. Building on his rich portfolio of creative work at the interface of law and social science, the book explores themes that continue to resonate in contemporary debates about how best to understand the relationship between justice, fairness, and the modern administrative state. Specifically, the book re-examines core issues which Adler, as a key figure of the first generation of UK socio-legal scholars, explored, including: the relationship between official discretion and the rule of law; the justice of internal administrative processes; the importance of a ‘bottom up'perspective on justice; power and accountability in the prison sector; access to justice for social welfare claimants; and the promise of viewing law through the lens of social science.

Was hat Liebe mit Recht zu tun? Wozu diente ein Reilenagel? Was ist ein Schnappreitel? Diese und andere Fragen beantwortet das Deutsche Rechtswörterbuch, das neben juristischen Fachbegriffen auch Wörter der Alltagssprache in rechtlichem Kontext erklärt. Über 1.200 Jahre Wortgeschichte anhand von Belegen aus der gesamten westgermanischen Sprachfamilie.

This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs'at the border, to the regulation of euthanasia, the minimum living income, underage girls'access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part followapproaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

80 years after the Nuremberg trial, the prosecution of Nazi perpetrators has effectively come to an end. Examining the last Nazi trials in Germany from a multidisciplinary perspective, the present volume addresses key aspects of the judicial phenomenon of Spätverfolgung (‘late prosecution'), links the issue to the international discourse on transitional justice, and contributes to current debates in academia and society at large.

This book examines whether sexual harassment allegations against women in colleges and universities are different from harassment allegations against men and whether they are judged differently, more harshly and restrictively. Do women accused of sexual harassment receive less social support and more condemnation than men accused of sexual harassment? Do women receive the same due process, the same penalties, the same chances for redemption? Through thematic and narrative analysis of publicly available sexual harassment records and archival sources, as well as college and university newspapers, social media posts, blogs, and videos, chapters demonstrate how sexual harassment allegations, when directed against women, represent another form of gender discrimination and a different way of impugning (sexually harassing) women. This book is relevant to scholars and students in gender and sexuality studies, feminist theory, criminal justice, and legal studies.

This book presents an ethical discussion of the possible future Universal Declarations of (diverse specific nonhuman) Animal Rights. It contributes to a basis for a discussion about (nonhuman) animal rights concerning diverse aspects and quality of (nonhuman) animal life. Doris Schneeberger deals with the interpretation and justification of animal rights, and argues that because (nonhuman) animals are individuals whose lives are intrinsically and inherently valuable, their goods and welfare ought to be protected. She claims that these rights should be protected in possible morally advanced societies of the future.

This book offers a thorough analysis of the Amicus Curiae phenomenon, emphasizing its critical role in modern legal systems. The book reveals how these interventions influence judicial decisions, legislative processes, and societal norms by presenting third-party perspectives through amicus briefs. Delving into the historical development and global adoption of Amicus Curiae, the book provides insights into its benefits and drawbacks. Readers will learn about the various types of amici, the breadth of issues they address, and the diverse courts that accept these briefs. The author's extensive research and case studies from multiple legal systems highlight the transformative power of third-party interventions in ensuring justice and public transparency. The book explores real-world examples where amicus briefs have played pivotal roles in landmark cases, from human rights advancements to environmental protections. It discusses the strategic importance of these briefs and how they democratize the legal process by allowing more voices to be heard. By fostering a deeper understanding of the complexities and significance of Amicus Curiae, this book empowers readers to appreciate the intricate interplay between law and societal change. Ideal for legal professionals, academics, and anyone interested in law and society, this book is an essential guide to understanding the impact of Amicus Curiae on the judicial process. Whether you are a seasoned lawyer, a policymaker, or a curious reader, this book provides a comprehensive and engaging exploration of one of the most influential elements in contemporary jurisprudence.

This book unravels the intricate tapestry of Chinese state-society and government-citizen interactions in both legal historical and contemporary contexts. Set against the backdrop of China's meteoric rise as a global economic and political powerhouse, it presents a comprehensive and nuanced exploration of China's governance norms and their transformative evolution in the modern and contemporary eras. The book analyses China's multifaceted governance landscape, including its profound influence on the dynamics of government-citizen interactions in contemporary China. By introducing the concept of “juridification”, it demystifies the complexities of Chinese governance traditions and transitions. At its core, the book reveals how legislative, administrative and judicial authorities address the collective grievances of Chinese citizens. Through a combination of historical, legal and sociological analyses, it equips readers with an understanding of the formal and practical mechanisms used by Chinese authorities, spanning from the 1980s to the present, to address mass actions. In addition, the book assesses an underexplored aspect: the changing narratives and diverse perspectives found in news coverage of government responses to mass actions, shedding light on the socialisation of principles of public accountability and the safeguarding of civil rights in China. The book is intended to make the topic accessible to both scholars and an interested global audience, helping them understand the Chinese legal governance model, its underlying rationale, recent developments and social implications.

Is there a viable leftist constitutionalism that we can juxtapose with liberal constitutionalism, or is there really no alternative? If the left is considered an a priori enemy of the principle of the rule of law, the equal chance condition proves illusory. Accordingly, those asking for changes to social institutions will deem constitutionalism undemocratic. Hence, in our times of silent de-constitutionalization at the global level and rising populism and democratic backsliding at the national level, this book offers a valuable opportunity to reconsider one of the founding principles of liberal constitutionalism, the Rechtsstaat. It re-examines the controversies that accompanied the affirmation of the concept in a long-term perspective, from 1848 to the post-World War II constitutional debates. Since 1848 the German left has challenged the dominant liberal view of legitimacy, mainly by adopting Marx's critique of the ideology of law and the state. Thus, the left has had to challenge not only the established order, but also the mainstream political and legal culture generated by the liberal discourse on rights. In search of constitutional viability, the left has oscillated between two tendencies. On the one hand, it has denounced the discourse on rights as an ideological smokescreen used by the ruling class to keep us from paying more attention to the actual level of democracy within the parties, the governmental bodies and in everyday social relations. On the other hand, the left has attempted to adjust its platform to the mainstream idea of constitutional legitimacy by devising its own sozialer Rechtsstaat. However, the break-even point has proven hard to find. If the acceptance of liberal principles was seen as less than wholehearted, leftist constitutional proposals aroused suspicions of a coverup for an unconstitutional rule (Unrechtsstaat). On the other hand, when the left has accepted liberal constitutional principles in full, its potential to challenge the social status quo has ultimately proven to be disappointing. The controversy culminated in a desperate and largely unknown attempt to devise a constitutional compromise between Liberalism and Socialism in East Berlin in the wake of the Cold War. Although doomed to fail and devoid of democratic credibility, the debates of the East German constitutional commission in 1948 offer important insights into a century of experiences, trials and errors in constitution-making seen from the leftist perspective.

Dieses Buch untersucht, wie islamische Rechtsgelehrte im 20. Jahrhundert in ihren Rechtsgutachten (Fatwas) rhetorisch Autorität generieren und wie sich Traditionalismus und Reformdenken in den Argumentationsmustern, der Intertextualität sowie im Duktus dieser Texte niederschlagen. Damit bietet dieses Buch einen interdisziplinären Zugang zu islamischen Rechtstexten, deren sprachliche Realisierung bisher nur wenig Aufmerksamkeit erhalten hat. Dies, obwohl eine Auseinandersetzung mit der Rhetorik rechtlicher Praxis vertiefte Einblicke in diese sowie in die Konstitutionsbedingungen der Rechtstexte verspricht, ausgehend von dem Grundgedanken der „Recht und Literatur“-Forschung, dass Recht schließlich immer über Sprache kommuniziert wird. Der erste Teil des Buches bietet einen umfassenden Überblick über die Genese des breit gefächerten Genres der Fatwa und des Muftitums bis zur Moderne, wobei Ägypten im Fokus steht. Anschließend werden zwei exemplarisch ausgewählte Fatwas zur Thematik Fotografie/Bildwerke des Reformers Muḥammad Rašīd Riḍā (1865–1935) und des Traditionalisten Ḥasanayn Muḥammad Maḫlūf (1890–1990) im Lichte sowohl gesellschaftlicher Umbrüche des frühen 20. Jahrhunderts als auch des andauernden innerislamischen Diskurses um taqlīd und iǧtihād, ein Diskurs um Geltung, Kompetenz und Autorität, auf mehreren Ebenen detailliert analysiert.

Examining state behavior, this book sheds light on the often-overlooked role of information production and diffusion in international law and relations. Most theories of public international law and state behavior rely on a certain degree of international law-related information, such as an international legal ruling, being made public and diffused to reach various key actors such as third states or domestic actors. However, while assumptions about information being produced and diffused permeate international legal scholarly work, these assumptions have not been systematically and empirically evaluated. Based on an empirical analysis, the author challenges prevailing assumptions by systematically evaluating the accessibility and dissemination of crucial international law related information such as treaty negotiation documents or legal rulings. Using a variety of quantitative case studies on key stages of international lawmaking and covering various issue-areas, from human rights to trade law, each chapter traverses three critical levels of analysis, namely whether international law information is public and transparent, whether the information is salient and reaches the general public, and how the information is framed by the media and political elites. The book will appeal to students, researchers, and scholars of law, political science, and economics, as well as policy-makers interested in a better understanding of information production and diffusion in international law and the impact of public opinion on compliance with international law.

This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm's length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.

This book provides a critical outlook on, and an inquiry into the practical implications of, the works of Professor W.J. Waluchow, one of the most important jurisprudence scholars of the early twenty-first century, while also reflecting on the interconnections between his legal theory and his theory of constitutional interpretation. It also features an interview with Waluchow, in which he responds to some of the chapters and shares a first-person perspective on his main philosophical ideas, how they emerged, and how they can be further developed and applied. The book makes a valuable contribution to contemporary legal philosophy by asking and providing different answers (from prominent legal philosophers and newer scholars in the field) to questions such as ‘How does Waluchow's jurisprudence relate to his theories of legal reasoning and constitutional interpretation?', ‘On what terms should we understand inclusive legal positivism?', ‘Can inclusive legal positivism be reconciled with an interpretivist theory of adjudication?', ‘How does it compare with Raz's model of legal authority?', ‘Can Waluchow's notion of “community constitutional morality” be applied to contexts such as international law, pluralist legal communities, and indigenous laws?', and ‘Is Waluchow's methodology equipped to provide interpretive directives in unstable and extremely unequal legal systems?'. The chapters, all written by experts on jurisprudence (including some of the scholars who helped develop the tradition known as inclusive legal positivism), offer a unique analysis of Waluchow's most complex and intriguing theses, providing not only a valuable exegetical analysis of his work but also a range of answers to the challenge of interpreting legal and constitutional values, as well as practical resolutions to persisting controversies in the philosophy of law.

Ferdinand von Schirach war lange Strafverteidiger, bevor er mit dem Erzählband Verbrechen einen sensationellen Debüterfolg feierte. Seither hat er ein umfangreiches und vielfältiges literarisches Werk veröffentlicht. Mit über 10 Millionen verkauften Büchern und Übersetzungen in über 40 Ländern gehört Schirach zu den meistgelesenen deutschen Gegenwartsautoren. Wie erklärt sich dieser Erfolg? Was zeichnet seine Texte aus, ästhetisch, diskursiv und politisch? Die im vorliegenden Band versammelten Beiträge untersuchen Schirachs Werk aus literatur-, kultur- und rechtswissenschaftlicher Perspektive: seine Poetik, seine Medien und vor allem seine Verbindung von Literatur und Recht.

This book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems. Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments.

The aesthetics of law deals with the relationship between law and beauty by searching for aesthetic values in the law itself (an internal perspective), by finding material related to law in art and culture (an external perspective), and, lastly, by demonstrating the impact of legal norms on what can be broadly understood as beauty (law as a tool of aestheticization). Regarding all these phenomena, the aesthetics of law ultimately allows us to see the law more clearly and more profoundly. What is more, the law does not function, nor has it ever functioned, separately from its means of expression, which are incontrovertibly subject to aesthetic interpretation. If we think about law in this way, perceiving not only the message, but also the manner in which it is conveyed, the whole set of means and tools used, the perfection and beauty of the form, then we will see art in it. After all, the widely known and still applicable ancient maxim ius est ars boni et aequi equates law and art. This alone should be an argument for aesthetic reflection on the law, a field of endeavour that should never have been abandoned. The book's twenty-three chapters, written by scholars from various countries and three continents, are thematically diverse. In them we present the manifestations of the aesthetics of law from an external perspective. If we accept a definition of the concept of law that is as broad as possible, not only as a synonym of a certain formalized normative system, but also including the process of its creation (legislation), its application and interpretation (jurisprudence), and even teaching on and research into it (doctrine), we can identify a wealth of aesthetic references in the law. A broadly understood aesthetics of law, approached solely from an external perspective, covers such disciplines as law and literature, the aesthetics of legal rhetoric, the trial as performance, the aesthetics ofcourthouse architecture, law in the fine arts, law in film, law and music, pictorial law, symbols of the law and legal symbols, symbols of the state and power, legal archaeology etc. The field of research is, therefore, wide. In addition to topics traditionally and obviously associated with the aesthetics of law, such as law and literature, law in the fine arts, and court rhetoric, there are chapters on e.g. legal ethics and trademarks. All authors share the belief that beauty in law is important, even when it is hidden in a caricature. Further, they argue for restoring the aesthetics of law to its proper place in philosophical and legal discourse, as doing so would yield a host of benefits for the addressees of law.

This book discusses the emergence of a new concept of law at the global level in the field of sustainable development. It examines the four-decade-long evolution of the concept of sustainable development from the Stockholm Conference of 1972 until the adoption of the Sustainable Development Goals in 2015. It brings forward a step-by-step guide for exploring the law-like quality of global norms from a legal positivist and legal pluralist perspective.

This book addresses the repercussions of expanded participation in international judicial decision-making by investigating community interest issues. Focusing on the International Court of Justice (ICJ), the book reveals the growing involvement – formal and/or informal – of State and non-State actors (NSAs) in the ICJ's contentious and advisory functions. This includes the participation of States, intergovernmental organisations (IGOs) and NSAs, i.e., non-governmental organisations (NGOs) and individuals. The book concentrates on the role and multifunctional character of international courts and tribunals (ICTs). As a component of the international governance structure, ICTs are equipped to protect, express and shape values that reflect community interests by the power granted them in international treaties. They can also be considered a key element for promoting the international rule of law, including the provision of global public goods. Public interest litigation is often used as a vehicle to advance human rights at the national and international level. As the main judicial organ of the UN, the participation of State and NSAs in ICJ proceedings is a subject of the utmost importance to international dispute settlement in general. The decisions delivered by the World Court can help to pursue community interests, for instance by setting internationally relevant precedents or concepts as obiter dicta. By applying an empirical research methodology to map ICJ practices concerning notifications, submissions and/or applications of State and NSAs, as well as other forms of submitting relevant information to the Court under the ICJ Statute and Rules, the book addresses the potential and limitations of expanded participation in the ICJ's contentious cases and advisory proceedings. The analysis employs broad definitions of'participants'and'participation'in order to reflect the contemporary dynamics of the actors involved in international practice.

This book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law.Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What's more, digitalizationrequires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.

Rights of nature are on the rise worldwide, having already been recognized in several states, especially in Latin America and Asia. For the first time in a monograph, this book offers answers to the questions of whether and how rights of nature can also be implemented in Western liberal legal systems and in international law. It traces how the latter are characterized by a deeply rooted anthropocentrism. While at first glance this seems to make the recognition of rights of nature difficult to conceive, the book shows that in the 21st century this strong anthropocentrism is neither helpful nor irrevocable, and that non-anthropocentric approaches can already be found in liberal legal systems and in international law. Against the backdrop of the pressing environmental crises of the Anthropocene, it offers liberal and international approaches to rights of nature. In doing so, the book analyzes the compatibility of rights of nature with Western liberal and international law and deals comprehensively with the criticism and potential benefits of rights of nature in order to ultimately provide concrete proposals for their implementation.

This book is a concise practical guide to some of the most relevant ways of thinking and doing international legal research today. It is designed to help students and early career researchers to get acquainted with the theory and practice of a selection of non-doctrinal modes of legal research that include feminist international law, critical international law and TWAIL, complemented with qualitative methods of empirical legal research. The book also encourages a meaningful dialogue with traditional doctrinal styles of legal research. The book's most innovative aspect is its practical, learner-centred approach, which focuses on the applied learning of the modes of research presented.

This book focuses on a key case study in the history of American territories, public works, transportation and the constitutional system of checks and balances. The saga of Yankton County's attempt to bring the first railroad into Dakota Territory in 1873 covers 25 years of territorial history, leading up to statehood for South Dakota in 1889. Garry investigates the array of unusual facts and occurrences within the story of the Dakota Southern, which was the first railroad stretching into the Territory. Lawsuits worked themselves all the way up to the Supreme Court. The most notorious shooting in the territory occurred in connection with railroad disputes The failure of Yankton to pay interest on the bonds used to finance the railroad—a failure initially prompted by a court injunction against such payment—may have delayed statehood for the entire territory. But the primary focus of this railroad story revolves around the way it highlights the predictions and observations of two of America's most noted thinkers: Alexis de Tocqueville and James Madison. It shows the tension between Tocqueville's impressions of the enterprising, risk-taking, and association-minded nature of Americans and Madison's warnings about a federal government exercising unprecedented powers and having expanded beyond adequate checks. It works through the abstract observations of Tocqueville and Madison with tangible examples that are still relevant today.

This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of'unauthorised disposal'and the legal basis for the abolition of this clause in the Contract Law.

This book offers an interdisciplinary approach that covers linguistics and jurisprudence, shows the interconnectedness of law and language, singles out major theories related to the emergence of the concept of trust and discusses them from the perspective of legal linguistics. Contemporary globalizing processes change the contours of different spheres of life. Against the backdrop of ongoing changes, an overall tendency emerges of the unifying and harmonizing legal systems. The dominance of American and English law firms fuels a broader worldwide circulation of Anglo-American legal concepts and instruments. Increasing contacts of non-trust jurisdictions with trustees and trust assets promote the use of trusts and trust-like devices in civil law jurisdictions. As a result, the interest towards the entrusting relationships increases. The research in this book is based on the methods of descriptive and structural-semantic analyses. Emphasis is put on the interinfluence of the West Germanic languages and the laws of the Germanic tribes, the Salian Franks and the Anglo-Saxons. The book consults selected Franconian manuscripts, lex salica and lex ripuaria, and dictionaries for the study and interpretation of the trust-related lexical units. The results of the research shed a new light on the origin of the common law trust and its predecessor use. The book is intended for legal linguists, lawyers, legal practitioners, legal historians and for researchers and students in the fields of trust law, legal linguistics, and legal history.

Mit dem vorliegenden DRW-Band 14 sind nun über 100.000 Wortartikel auf über 22.000 Spalten gedruckt. Sie reichen in alphabetischer Folge von Aachenfahrt bis Trittrecht. Die Artikel enthalten mehr als 500.000 Belegzitate bzw. Belegstellenangaben mit insgesamt über 5,5 Millionen Wörtern. Allein der neue Band enthält über 5600 Wortartikel.

This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.

This book explores the transformation of the state in Wallachia, an Ottoman tributary principality, between 1740 and 1800, by focusing on three administrative techniques: regulations, paperwork (registers, identification certificates), and weights and measures. The implementation by the central power of regulations, bookkeeping, certificates, and standard units of measurement was not smooth, but it nevertheless heralded the beginning of the struggle against localism and the efforts to extend the boundaries of legitimate state action. The author challenges the (mostly Romanian) historiography of the Phanariot period, which has portrayed the state as a set of institutions undertaking certain responsibilities and has insisted almost exclusively on its extractive function and abusive character. Instead, this book takes a closer look at how the Wallachian state functioned, examining how its means of interacting with its subjects changed in the second half of the eighteenth century. Rethinking the problem of the state in eighteenth-century Wallachia, traditionally regarded as a mere instrument of Ottoman domination, it claims that it was precisely during this time that the bases of modern statehood were laid in a context defined by imperial rivalries (Ottoman, Habsburg, Russian) in the region. Making the case for state formation in the absence of preparation for war, the author also stresses, in contrast to recent contributions that decentre the state, the need to study the process whereby the effect of state coherence is produced. While focusing on Wallachia, this book provides valuable reading for those interested in early modern administrative and legal history, the history of state formation, and Southeast European history more generally.

The book addresses efforts to politically influence and curb the judicial system, by telling the story of the enactment of controversial laws in Norway in 1927. It draws parallels to current challenges to the autonomy of the legal order, both in countries where populist forces seek control over the courts, and in other countries where increasing levels of conflict, such as around the climate crisis and the pandemic, challenge the rule of law. In 1927 the Norwegian Parliament enacted three laws that changes the rules of the game in the relation between Labor and Capital. The law was weaponized in benefit of the employers. By this, the legislature departed from the classic ideal of equality before the law and law's autonomy as a neutral order. The new laws were called the penitentiary laws. The demonstrations against one of the laws, the Arbitration Act in 1928 were the largest manifestation of civil disobedience in Norwegian history. They provoked a level of lawlessness that has not been matched, with exception of the situation during the German occupation 1940-1945. The book analyses the events with the aid of the theory of civil disobedience in liberal democracies put forward by the philosopher John Rawls and the theory of the legal complex developed by the socio-legal scholars Terence Halliday, Lucien Karpic, and Malcolm Feeley. This book tells the story of the Penitentiary Laws, how the laws came into being, how they were received and resisted, and how they were defeated through civil disobedience and with the support of a legal complex which reached far into the legal system. The outcome of the conflict may be one of the factors that explain the high level of trust that the legal institutions enjoy in present day Norway.

Der Band versammelt Studien zur juristischen und zur literarischen Hermeneutik sowie zu deren Verhältnis. Auf der Grundlage philosophischer und theologischer Konzepte zum Verstehen und zur Interpretation von Texten werden die Besonderheiten der Auslegung von Recht und Literatur erörtert. Die spezielle Herausforderung besteht in der Korrelation der spezifisch juristischen und spezifisch literarischen Kunst der Auslegung. Berücksichtigt werden zudem der historische Wandel dieser Bereichshermeneutiken und deren Verhältnis zueinander.

Gerichtsentscheidungen können ohne Bezugnahmen auf andere Texte weder getroffen noch verfasst werden, Zitate sind in Gerichtsentscheidungen omnipräsent. Jede Entscheidung berücksichtigt einschlägige Normtexte oder Präjudizien, in erster Linie zur Sicherstellung einer kohärenten Rechtsprechung. Durch den Akt des Bezugnehmens demonstrieren Gerichte, dass sie in ihren Entscheidungen auf einer etablierten Rechtsdogmatik aufbauen. Diese Integration in die bestehende Dogmatik legitimiert die Entscheidung und schafft damit Rechtssicherheit durch Rechtsvorhersagbarkeit. In Gerichtsentscheidungen finden sich darüber hinaus Bezugnahmen auf Texte, die nicht über rechtliche Autorität verfügen und denen entsprechend keine derartige Funktion zugeschrieben werden kann. Unter den von Gerichten zitierten Quellen finden sich neben Gesetzestexten z.B. auch Bezüge auf ausländisches Recht, auf wissenschaftliche Quellen oder sogar auf literarische Texte. Die vorliegende Arbeit beschäftigtsich in Anbetracht dessen mit der Frage, wie und warum Gerichte zitieren. Am Beispiel von Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada schlägt die interdisziplinäre Studie sowohl philologische als auch rechtswissenschaftliche Auswertungskriterien zur empirischen Rekonstruktion von Zitatfunktionalisierungen vor und nimmt dabei ferner auch eine komparative Perspektive auf rechtskreisbedingte Unterschiede zwischen den Zitationspraktiken vor Gericht ein.

Juli Zeh verbindet zwei öffentliche Rollen: Sie ist Schriftstellerin und Juristin; sie trägt maßgeblich zur deutschsprachigen Gegenwartsliteratur bei, nimmt aber auch aktiv als ‚public intellectual‘ an öffentlichen Debatten teil. Der vorliegende Band untersucht daher gattungs- und literaturgeschichtliche Themen ebenso wie intertextuelle und theoretische Referenzpunkte, etwa zu Recht und Staat oder aktuellen gesellschaftlichen Aushandlungsprozessen.Juli Zehs Werk, für Bühne und Film adaptiert sowie in zahlreiche Sprachen übersetzt und inzwischen auch Schullektüre, umfasst ein breites Spektrum an Texten: Einige arbeiten mit den Mustern der Spannungsliteratur („Adler und Engel“, „Schilf“), andere lassen sich als dystopische Romane verstehen („Corpus Delicti“, „Leere Herzen“). Jüngst sind mehrere Gesellschaftsstudien zu verzeichnen („Unterleuten“, „Über Menschen“, „Zwischen Welten“). Der Band untersucht dies sowohl in Einzeltextanalysen als auch in systematischen Beiträgen, die Juli Zehs Werke vergleichend sowie im ästhetischen, medialen oder politischen Kontext in den Blick nehmen.

This book consists of 7 parts and 1,260 articles, each part in turn being the General Provisions, Real Rights, Contracts, Personal and Personality Rights, Marriage and Family, Succession, Tort Liability, and the By-laws, which came into force on January 1, 2021. The codification of the Civil Code is a comprehensive and systematic compilation and revision of the existing civil legal norms of China, which were formulated in different periods of time. The Civil Code of the People's Republic of China is recognized as a declaration and guarantee of civil rights in China. This book is characterized by the addition of article-by-article purpose on the basis of legal articles, systematically indicating the main content of each article, so that readers can easily and clearly understand the content of the articles.

This book explores the historical and legal importance of two principles, Quod Omnes Tangit, and Tianxia Wei Gong, which have played significant roles in European and Chinese political and legal history. While Quod Omnes Tangit has been thoroughly researched, Tianxia Wei Gong has not been systematically examined. This thesis fills this void and connects these two principles for the first time. Quod Omnes Tangit was initially introduced in Justinian's Codex Civil, while Tianxia Wei Gong originated from Liji, one of the books in a key series of works by Confucius. Liji is comparable to the Thora in the Old Testament and is considered as important as law in Chinese legal history. Both principles have undergone comparable developmental processes, with scholars contributing to their reinterpretation. This book thoroughly examines the interpretations of individual scholars, with particular attention given to Liang Qichao, who is the only one to have mentioned both Tianxia Wei Gong and Quod Omnes Tangit. The book also provides an explanation for the original discrepancies in their concepts, particularly their methodologies in distributing and legitimizing rights. This research will be of interest to legal philosophers and historians in both the Western and Eastern worlds, legal practitioners and policymakers, and researchers seeking to explain current events and explore fundamental differences between the East and West.

Does the Sexual Offences Act (SOA) 2003 provide for consent to be vitiated in all the circumstances we think it should? Can, and should, section 76(2)(b) (the impersonation provision) be read to include a different class of identity deceptions? How should the concept of personal identity be understood in this context?While the concept has had some airing in the courts, and the distinction between identity and attributes of the person softened, the law on rape still fails to give proper effect to identity deception and leaves many questions unanswered. This book offers a novel take on the problem of sexual deception. Through meticulous interrogation of the meaning and normative implications of the concept of personal identity, it challenges the law's restrictive approach and argues that qualitative identity is, like numerical identity, normatively important. This book provides a comprehensive and nuanced analysis of the philosophical, theoretical, and psychological experimental literature on personal identity, marshalling relevant insights to support a broader reading of the impersonation provision. The argumentative thrust of the book is an extended equivalence thesis, which links numerical with qualitative identity. In this task, it engages in capacious exploration of different kinds of impersonation, at each juncture leading the reader to a more permissive understanding. Guided by the principle of consistency, the central thesis is that certain deceptions about personal traits should be unlawful based on existing prohibitions with which there is equivalence. A central contribution of the book is the articulation of a theoretical framework to support a richer understanding of identity, giving due attention to its qualitative aspects. This new framework is applied at stage three of the equivalence thesis to explain the relationship between individual traits and identity change. By implication, a potentially wide scope of consent-vitiating deceptions is endorsed. This presents a challenge to those who would defend more stringent limits. The book thus invites further discussion on the implications of this approach for the law on rape and indicates areas for further research and attention.

Deutsches Verfassungsrecht 1806 – 1918Das auf mehrere Bände angelegte Werk präsentiert nahezu das gesamte deutsche Verfassungsrecht des Zeitraumes zwischen 1806 und 1918. Hiermit wird der sich gleichsam schrittweise vollziehende Übergang von einem traditionell ständischen oder gar fürstlich-absolutistischen zu einem zumeist monarchisch konstitutionellen System aufgearbeitet, dessen jäher Untergang schließlich in die nationalstaatlich-republikanisch geprägte demokratisch-parlamentarische Staatsform Weimars mündet. Mit dem Gesamtwerk steht dem Fachpublikum eine leicht zugängliche, bislang nicht gekannte Fülle von Dokumenten zur Verfügung, die für die verfassungsrechtliche Entwicklung Deutschlands und seiner einzelnen Staaten von zentraler Bedeutung waren. Dabei wird großer Wert auf die authentische, d.h. buchsraben- und zeichengetreue Übernahme der Texte gelegt. Dem jeweiligen Dokumententeil sind in jedem Band'Historische Einführungen'vorangestellt. In diesem Rahmen werden an den einschlägigen Dokumenten orientierte (verfassungs-) rechtliche, zeitlich wie territorial übergreifende entwicklungsgeschichtliche Darstellungen vorgenommen.5. Band Elsass-LothringenDer vorliegende 5. Band präsentiert das sich aus insgesamt mehr als 450 Dokumenten zusammensetzende Verfassungsrecht des sog. Reichslandes Elsass-Lothringen im Zeitraum zwischen 1870 und 1918. Flankiert wird diese Textedition durch eine deren historischen wie rechtlichen Kontext gleichermaßen beleuchtende ausführliche Einführung.

The increasing visibility of Islam in France and the vehemence of debates about it have often contributed to narrow public perceptions of secularism to a simplistic antireligious crusade, a misleading image disseminated by the media and politicians alike. Taking the opposite stand, this book embarks on a comprehensive effort to document the multiple areas in which French secularism plays out - in debates over “cults,” places of worship, chaplaincy services in public institutions, the recognition of associations of worship, and more -, outlining and analizing the legal paths favored by the state in the regulation of religious diversity. While Islam has undoubtedly contributed to the reshaping of French secularism in the last decades, the book moves beyond what has come to be known as the'Muslim Question'to look at the multiplicity of challenges contemporary religious beliefs, practices, and organizations now pose to the state. David Koussens examines the main political and legal configurations of French secularism over the last thirty years through a sociological and juridical lens, in order to better document its diversity. Such a portrait emphasizes that French secularism is not a univocal phenomenon but one that appears in many guises.

This book seeks to trace the notarial history of China from 1902 to 1979. While working on this trailblazing effort, the author taps into a rich variety of artifacts, especially the notarial documents, archived records, manuals and journals from private collection or originally issued by China's judicial authorities during different periods. No similar book has been published so far. Many of these items are taken from old publications and notarial documents that the author purchased from grass-root vendors. The book complements the text with illustrations, and the descriptions of the same articles are consistent throughout narrative. Even more remarkable is that many rare notarial historical materials in Chinese and foreign languages are available for the first time. This book is a must-read for researchers and students need in their understanding of China's judicial system or China's history. It gives a complete introduction to the development and evolution of China's notarial system, which has great reference value for those who study this subject.

One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of “efficacy” can be found. In legal philosophy, “efficacy” is the capacity a norm has to effectively influence citizens'behavior. The “principle of efficacy” is that according to which an order or rule exists as such when it is followed effectively in practice. Here by “efficacy” I mean the idea that normative phenomena are self-justifying, without reference to extrinsic systems of value (such as “natural law”). The examinations of several texts undertaken here constitute reflections on this theme, without any claim to systematicity. They have been grouped together, roughly in historical order, by their common respect for the contexts within which they reason and reach decisions, which lends them a characteristic flavor of harsh realism that at times relies on a minimalist use of traditional normative categories.The second theme that emerges through the respective chapters (each of which constitutes the text for a lesson in a course for Ph.D. students) is that of the relationship between “equality” and “vulnerability.” Here the idea is to elaborate a concept of “vulnerability” that is not underpinned by what we in Italy call an “anthropology,” that is, a fixed notion of human nature. Instead this concept should be comprehensible and graspable solely on the basis of the recognition of decisions and actions that are merely “efficacious,” that function “for what they are, and what they do.” This recognition doesn't even need to be explicitly articulated by these authors with any specific, deliberately conscious awareness.The goal is not to identify a precise tradition of thought, one which elaborates a given line of reflection, but rather to highlight certain “themes” that emerge in the texts examined, even as the authors write with and for their own specific,contingent set of motives, which differ from time to time and place to place. These authors include some who are widely known, such as Dante, Machiavelli, and Beccaria. At times they are figures who typify certain key historical episodes, such as the Risorgimento (Giuseppe Mazzini) or Fascism (Cesare Lombroso and Santi Romano), while others reflect certain aspects of a contemporary debate (Pasolini and the “Braibanti affair”).The book is based on lectures given for a 2021 Ph.D. Course at the University of California, Berkeley's Department of Italian Studies.

Im Zusammenhang mit der Rechtsprechung zur Urheberrechtsfähigkeit einer Tatsachenzusammenstellung werden in diesem Buch die Fußspuren des in einer Entscheidung des Obersten Gerichtshofs der USA (Feist) vorgesehenen Standards in Europa ausfindig gemacht. Insbesondere wird untersucht, inwieweit diese Rechtsprechung mit dem in der Europäischen Union angenommenen und diskutierten Standard übereinstimmt. Oftmals bleiben die Gründe für die Rechtsetzung unbemerkt. Die zwingenden Umstände und die Geschichte, die dem Erlass eines Gesetzes vorausgehen, helfen dabei, die Ausgewogenheit einer bestimmten Gesetzgebung zu verstehen. Bei der Betrachtung des Prozesses der Verabschiedung der Datenbankrichtlinie (96/9/EG) wird in diesem Buch über die Bedenken nachgedacht, die im Zusammenhang mit der Feist-Entscheidung in Europa geäußert wurden.

Pedro Dorado Montero was one of Spain's most relevant authors. He contributed to modern Criminal law and Penology with a very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero's proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries.In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed.Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic'label which traditional historiography has applied to him.In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind's imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism'is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.

This engaging textbook provides a broad and unique coverage of the key historical events that shaped ideas in criminology, criminal justice and policing from the late seventeenth century to the early twenty-first century in England and Wales. It vividly illustrates the multi-disciplinary nature of criminology and penology by providing important insights into the social and political issues that shaped the development and operations of the criminal justice system and its responses to both crime and disorder. Using key text boxes, this book highlights key people, theorists, foundational principles and events throughout. Part One discusses the nature of crime and forms of punishment between 1689 and 1750 and the penological concerns regarding the aims of punishment. Part Two focuses on crime and disorder between 1750 and 1850, examining the impact of urbanization on criminal activity and it considers the background and state responses to key episodes of public disorder. Part Threecovers the development of policing 1689-1856 and the contribution to policing made by reformers and the implementation of police reform. Part Four deals with a number of issues affecting crime and punishment between 1850 and 1920 including episodes such as Irish Home Rule within the context of ‘high policing'. It evaluates changes to the nature and role of prisons that occurred in this period. This student-friendly book contains end of chapter questions which summarise and enable further discussion.

Was hat Liebe mit Recht zu tun? Wozu diente ein Reilenagel? Was ist ein Schnappreitel? Diese und andere Fragen beantwortet das Deutsche Rechtswörterbuch, das neben juristischen Fachbegriffen auch Wörter der Alltagssprache in rechtlichem Kontext erklärt. Über 1.200 Jahre Wortgeschichte anhand von Belegen aus der gesamten westgermanischen Sprachfamilie.