LEGAL SCHOLARSHIP AS A SOURCE OF LAW SPRINGERBRIEFS IN LAW

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Legal Scholarship As A Source Of Law

Author : Fábio P. Shecaira
ISBN : 9783319004280
Genre : Philosophy
File Size : 24.53 MB
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This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​
Category: Philosophy

Seaports In International Law

Author : Marco Casagrande
ISBN : 9783319603964
Genre : Law
File Size : 34.35 MB
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This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.
Category: Law

Environmental And Energy Law

Author : Karen Makuch
ISBN : 9781118257364
Genre : Technology & Engineering
File Size : 39.29 MB
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Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.
Category: Technology & Engineering

Energy Law An Introduction

Author : Raphael J. Heffron
ISBN : 9783319141916
Genre : Law
File Size : 40.58 MB
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The aim of this short text is simply to introduce a reader to this topic. It is intended for a global audience and rather than being restricted to potential energy law students of a particular country. It is also written for students of other disciplines such as geographers, social scientists and engineers. It should also be engaging to those in a variety of professional practices who want an accessible background to and overview of the subject. The text aims to outline the principles and central logic behind energy law. Therefore, readers from across the world should be able to use it as a guide to thinking about energy law in their own countries. A variety of examples from many different countries are included in the text and while examples and comparisons are mainly from the EU and US, they represent good examples of more advanced and innovative energy law. For those readers who seek further or more in-depth knowledge, this text will only serve as an introduction. However, a key focus of the book is to direct the reader where they to look for further information and within the book there are suggested extra readings, the key recommended journals to read and other sources of information based on institutions who publish further material in this area. The aim of the Energy Law: An Introduction is to introduce new readers to the developing area of energy law. The hope is that it provides an introduction to the legal challenges faced in the energy sector and the potential contribution of energy law to delivering a better world for future generations.
Category: Law

Police Pursuit Driving

Author : Geoffrey P. Alpert
ISBN : 9781493907120
Genre : Social Science
File Size : 67.47 MB
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Police pursuits, often receiving a lot of media attention, have become a topic of concern and priority for both law enforcement and the communities they serve. They often come with high risks for the well-being of community members and for both the police officers involved in the chase as well as for the fleeing suspects. In this brief, we summarize what is known about police pursuits, from both legal decisions and criminological research. We then discuss the impact of this research on police pursuit policy, court decisions, and media reports. We offer suggestions about the need for more development and use of research, and the challenges for research to be integrated into police policies, training, supervision and accountability systems.
Category: Social Science

Implementation Of Eu Readmission Agreements

Author : Sergio Carrera
ISBN : 9783319425054
Genre : Law
File Size : 62.9 MB
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By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual’s legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states’ powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.
Category: Law

Visualizing The Data City

Author : Paolo Ciuccarelli
ISBN : 9783319021959
Genre : Computers
File Size : 83.34 MB
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This book investigates novel methods and technologies for the collection, analysis and representation of real-time user-generated data at the urban scale in order to explore potential scenarios for more participatory design, planning and management processes. For this purpose, the authors present a set of experiments conducted in collaboration with urban stakeholders at various levels (including citizens, city administrators, urban planners, local industries and NGOs) in Milan and New York in 2012. It is examined whether geo-tagged and user-generated content can be of value in the creation of meaningful, real-time indicators of urban quality, as it is perceived and communicated by the citizens. The meanings that people attach to places are also explored to discover what such an urban semantic layer looks like and how it unfolds over time. As a conclusion, recommendations are proposed for the exploitation of user-generated content in order to answer hitherto unsolved urban questions. Readers will find in this book a fascinating exploration of techniques for mining the social web that can be applied to procure user-generated content as a means of investigating urban dynamics.
Category: Computers

Inflammation Natural Resources And Its Applications

Author : Parag Jain
ISBN : 9788132221630
Genre : Medical
File Size : 69.44 MB
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Inflammation is the very natural process of our body; it does its work immediately and smoothly along with lots of helpers. Inflammation is linked to immune system as acute inflammatory or pro-inflammatory phase through macrophage activation. This book is for researchers and scholars in the field of life sciences and medical sciences. The book contains all inflammatory sources around the world. It emphasizes on anti-inflammatory sources along with its active inflammatory constituents and other medicinal uses with authentic references. Anti-inflammation is a kind of activity with is found in nearly all of the natural sources used for major biological activities. So, the book helps them to correlate their activity of interest with anti-inflammatory source. The present work deals with illustrative representation of inflammation, causes of inflammation, inflammatory mediators, anti-inflammatory sources other uses and inflammation and lifestyle. It mainly provides the researchers the updated information from the ancient to the most recent ongoing research on inflammation. This book imparts pace to their idea of thinking, assist to make clear predictions before proceeding to research. The introduction includes natural sources of inflammation and its benefits; the sources are from plant, animal and marine. The book tells how these sources are useful for us to cure several diseases and opens new path for further research. Inflammation part of the book is well presented along with its phases, types and other diseases interrelated with inflammation. Inflammatory mediators, the foremost player of inflammation are defined in a very pleasant and convenient manner. The chapter includes both cell- derived and plasma - derived mediators illustratively with their synthesis and action. Natural source of anti-inflammation is the heart chapter of this book which contains all anti-inflammation sources from plants, marine and animals. This chapter also contains short description of most of the sources, its availability and uses. The authors have also added inflammatory models for assessment of biological activities of natural sources both in vitro and in vivo. Inflammation free lifestyle is described very nicely in the book. The contents are very specific and relevant to its topic; all the data provided is unique and useful. The anti-inflammatory table includes sources, plant parts used, active constituents and other uses. This data provides ample information regarding anti-inflammatory research and innovation. The highlights of this book shall be: -Describes almost all anti-inflammatory sources around the globe at one place in a more convenient tabulated form -Illustrative representation makes the book more attractive and interactive
Category: Medical

Collective Rights And Digital Content

Author : Cláudio Lucena
ISBN : 9783319159102
Genre : Law
File Size : 49.65 MB
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This book starts with an exercise, proposing a theoretical reflection on the technological path that, over time, has transformed the ways we produce, consume and manage intellectual content subject to copyright protection. This lays the groundwork for a further analysis of the main legal aspects of the new European Directive, its improvements, its tendencies and its points of controversy, with special and more concrete attention to how it proposes to address the issues of competition, transparency and multi-territorial licensing. Digital technologies, networks and communication have boosted the production and distribution of intellectual content. These activities are based on a renewable and infinite resource – creativity – which turns this content into strategic artistic, cultural, social, economic and informational assets. Managing the rights and obligations that emerge in this system has never been an easy task; managing them collectively, which is more often than not the case, adds even more complexity. The European Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market is a policy initiative that seeks to establish an adequate legal framework for the collective management of authors’ rights in a digital environment, recognizing this goal as crucial to achieving a fully integrated Single Market. Part of the Digital Agenda for Europe, it is an effort to promote simplification and to enhance the efficiency of collective rights management by tackling three of the main issues that are currently undermining the business model of collecting societies: competition, transparency and multi-territorial licensing. The book is intended to support students, academics and practitioners by enhancing their general and legal grasp of these phenomena, while also encouraging their collaboration with policymakers and other interested parties in the ongoing task of transposing the Directive into concrete national legislation.
Category: Law

The Concept Of Time In Early Twentieth Century Philosophy

Author : Flavia Santoianni
ISBN : 9783319248950
Genre : Education
File Size : 41.54 MB
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This book presents a collection of authoritative contributions on the concept of time in early twentieth-century philosophy. It is structured in the form of a thematic atlas: each section is accompanied by relevant elementary logic maps that reproduce in a “spatial” form the directionalities (arguments and/or discourses) reported on in the text. The book is divided into three main sections, the first of which covers phenomenology and the perception of time by analyzing the works of Bergson, Husserl, Sartre, Merleau-Ponty, Deleuze, Guattari and Derrida. The second section focuses on the language and conceptualization of time, examining the works of Cassirer, Wittgenstein, Heidegger, Lacan, Ricoeur and Foucault, while the last section addresses the science and logic of time as they appear in the works of Guillaume, Einstein, Reichenbach, Prigogine and Barbour. The purpose of the book is threefold: to provide readers with a comprehensive overview of the concept of time in early twentieth-century philosophy; to show how conceptual reasoning can be supported by accompanying linguistic and spatial representations; and to stimulate novel research in the humanistic field concerning the complex role of graphic representations in the comprehension of concepts.
Category: Education