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The Law of Property Damage
by 2 Temple GardensThe only practitioner's guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation.This title is included in Bloomsbury Professional's Property and Land Law online service.
Regulation of Debt Collection in Europe: Understanding Informal Debt Collection Practices (Routledge Research in Finance and Banking Law)
by C 259 T 259 lin Gabriel Stă NescuDue to the absence of due process and other procedural guarantees generally offered by judicial enforcement, informal debt collection practices (IDCPs) can become abusive, harming both consumers and the economy by threatening consumers’ physical, psychological, and economic wellbeing; exposing law-abiding debt collectors to unfair competition; undermining the financial system, and negatively impacting social peace by resorting to criminal activity. The need to control and harmonize IDCPs surfaced in connection with the European Commission’s Action Plan to tackle the high level of non-performing loans caused by the financial crisis and the Covid-19 pandemic - specifically the Proposal for a Directive on Credit Servicers, Credit Purchasers, and the Recovery of Collateral (CSD). Harmonizing the regulation of abusive IDCPs is vital for several reasons. First, IDCPs have a cross-border dimension due to the freedom of movement, enabling debt collection operations across the internal market. Second, the internal market’s size amounts to over 450 million citizens potentially exposed to abusive IDCPs. The regulatory frameworks addressing IDCPs in the EU display divergent characteristics that may be difficult to navigate and require creating a level-playing field for consumers and debt collectors, especially when approaches vary at Member State level. This book addresses this gap by providing a comprehensive guide to regulating informal debt collection practices in eight Member States (MS) of the EU and the United Kingdom (UK). It serves as a comparative law instrument for implementing the recently adopted Credit Servicers Directive (CSD). It will be important reading for students, academics and stakeholders with an interest in debt collection practices and the law.
Socially Responsive Organizations & the Challenge of Poverty (The Principles for Responsible Management Education Series)
by Milenko Gudi 263 Al Rosenbloom Carole ParkesThis book provides a combination of case studies and current action research describing how businesses and civil society organizations are working to alleviate poverty in local and global communities. It intends to provide conceptual and research rationales for why management education and management institutions must address the issue of poverty. The book responds to one of the major findings from the research of the PRME Working Group on Poverty that the topic of poverty still lacks a strong business case for management educators and program/institutional administrators. The distinctive features of this book are that it: (1) includes examples of small and medium-sized (SME) businesses; (2) deals with the issue of poverty as a human rights violation; (3) explores the issue of absolute versus relative poverty; (4) deals with leadership challenges in organizations committed to poverty alleviation; and (5) discusses the issues in terms of management education’s responsibility for setting new management, research institutional and intellectual agendas. The first of two books to be produced by the PRME Working Group on Poverty, Socially Responsive Organizations and The Challenge of Poverty aims to provide both researchers and practitioners with the most wide-ranging coverage yet published on how business can be a positive force in alleviating poverty and how management education needs to adapt to this increasingly crucial prerogative.
Sport, Law and Philosophy: The Jurisprudence of Sport (Routledge Research in Legal Philosophy)
by Miroslav Imbrisevi 263Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee, including VAR, rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports. The book will be a valuable resource to Undergraduates, Postgraduates and for those working in the areas of legal philosophy, sports law, and philosophy of sport.
An Introduction to Transitional Justice
by Olivera Simi 263The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
Investigating Spatial Inequalities: Mobility, Housing and Employment in Scandinavia and South-East Europe
by Peter Gladoi 263 Håkansson Helena BohmanSeen as one explanation for the election of Trump, Brexit and the surge of a right-wing movement across Europe, spatial inequality has become an increasingly relevant topic. Offering in-depth perspectives on factors such as local labour markets, housing and mobility, this book investigates centralization tendencies in Scandinavia and South East Europe that help shape regional development and act as a catalyst to creating regional inequalities. Joining scholars from four countries, this book provides a micro-examination of the development of regional inequalities in four geographically peripheral countries which represent different ends of the income spectrum, contain both EU and non-EU members and reflect differing levels of economic development. Divided into three sub-themes, the sections in turn discuss the topics of spatial divergence and labour market development, housing and institutional perspectives, and finally mobility, migration and commuting.
Brexit and Energy Law: Implications and Opportunities (Legal Perspectives on Brexit)
by Ana Stani 269 Silke GoldbergBringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its Member States. In recent decades, the trend within the EU has been towards greater integration and liberalisation of energy markets. Through the development of the Union’s internal energy market and the funding of cross-border energy infrastructure, EU membership facilitates cross-border trade in energy, promotes security of energy supply, and, via the European Atomic Energy Community (Euratom), allows EU Member States to trade in nuclear material for energy production. Brexit changes all of this. The significant level of integration and interdependence in EU energy policy means that the UK’s departure from the Union poses many challenges for the UK, the EU, and EU Member States. While certain energy-related arrangements have been addressed, the relationship between the UK and EU in the energy sector has been changed fundamentally. In this context, important and interrelated questions arise, such as the following: Under what terms will energy trading between the EU and UK now take place? What access will the UK have to EU energy markets? What does Brexit mean for the security of energy supply? What does the UK’s departure from Euratom mean for nuclear research? Can the crossborder single energy market (SEM) on the island of Ireland continue following Brexit? What implications does Brexit have for renewables, the environment, and climate change? Brexit comes at a time when the European energy sector is undergoing the processes of decarbonisation and energy transition. This book offers researchers, legal practitioners, and policy advisers in-depth understanding of the interplay between these challenges and Brexit.
Gender-Based Violence and the Law: Global Perspectives and Eastern European Practices
by Agn 279 Limant 279 Art 363 Ras Tereskinas R 363 Ta Vai 269 I 363 Nien 279This book presents a novel and insightful examination of gender-based violence, inviting readers to consider this topic from various perspectives. It encompasses various conceptual discussions and international regulations and trends, while concurrently emphasising the legal regulations and practices of select Central and Eastern European countries. Significantly underrepresented in legal scholarship, this region has been overlooked and subject to limited comprehensive analyses. The authors address different aspects of gender-based violence, also covering some areas that have received little attention in academic literature, such as gender-based violence in academia and cyberstalking. Furthermore, the book incorporates recent empirical studies, thereby endowing readers with valuable insights into the specific challenges encountered in the region. By contributing to current research on gender-based violence in Europe, this publication is an invaluable resource for researchers, students, policymakers, and general readers interested in gender-based violence and the fight against it in the Central and Eastern European region.
Damages, Recoveries and Remedies in Shipping Law (Maritime and Transport Law Library)
by Bar 305 351 SoyerThis edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation. The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions. Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.
New Technologies, Artificial Intelligence and Shipping Law in the 21st Century (Maritime and Transport Law Library)
by Bar 305 351 Professor Soyer Andrew TettenbornNew 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.
New Technologies, Artificial Intelligence and Shipping Law in the 21st Century (Maritime and Transport Law Library)
by Bar 305 351 Professor Soyer Andrew TettenbornNew 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.
Disruptive Technologies, Climate Change and Shipping (Maritime and Transport Law Library)
by Bar 305 351 Soyer Andrew TettenbornThis book analyses the impact of two vital and contemporary developments on shipping law and practice: disruptive technologies and climate change. It considers the impact of these new technologies, honing in on likely emerging issues and unresolved questions, especially about existing and potential private law liabilities and concentrates, from the point of view of English, EU and international law, on the legal implications of climate change and associated environmental risks in the shipping sector. Written by a contributor team drawn from the most experienced and knowledgeable academics and practitioners in shipping law, this treatment of these growing areas of practice will be of great use to lawyers and administrators across the world.
Women, Sustainable Entrepreneurship and the Economy: A Global Perspective (Women and Sustainable Business)
by K 305 ymet Tunca Çalı Yurt Liliane SeguraWhen a woman decides to become an ‘entrepreneur,’ she starts her business with a sense of excitement, freedom, wealth, happiness, prestige; however, these feelings can soon turn to fears over debt, difficulties, unpaid invoices, stress, and uncertainty. Being an entrepreneur means taking risks, making decisions, adapting management styles in line with developmental needs, clashing with rivals, being more agile than competitors, negotiating risky scenarios, following business trends, capturing new opportunities before, and being better than the competition. If a woman wants to be successful as an entrepreneur, she needs to have a business education, undergo continued professional development, and have patience and emotional intelligence. Supporting women in their entrepreneurial activities has been shown to positively affect the economy, which is why governments pay special attention to opening new funding opportunities and training programs for women who want to start or develop a business. Female entrepreneurship has individual characteristics because of those aspects of the business which are affected by cultural, technological, legislative, social, and historical developments. This book discusses the relationship between female entrepreneurship and the economy, and academic authors from developing countries such as Brazil, Turkey, Albania, Kosovo, Portugal, and Malaysia analyze the developments encompassing women and entrepreneurship in their respective countries. The authors discuss the regulatory frameworks of each country to show how these either help or hinder female entrepreneurship, and consequently, the place of women in the economy. Women and entrepreneurship is an emerging theme, and this book is a must-read for researchers from both developing and developed countries.
Women, Sustainable Entrepreneurship and the Economy: A Global Perspective (Women and Sustainable Business)
by K 305 ymet Tunca Çalı Yurt Liliane SeguraWhen a woman decides to become an ‘entrepreneur,’ she starts her business with a sense of excitement, freedom, wealth, happiness, prestige; however, these feelings can soon turn to fears over debt, difficulties, unpaid invoices, stress, and uncertainty. Being an entrepreneur means taking risks, making decisions, adapting management styles in line with developmental needs, clashing with rivals, being more agile than competitors, negotiating risky scenarios, following business trends, capturing new opportunities before, and being better than the competition. If a woman wants to be successful as an entrepreneur, she needs to have a business education, undergo continued professional development, and have patience and emotional intelligence. Supporting women in their entrepreneurial activities has been shown to positively affect the economy, which is why governments pay special attention to opening new funding opportunities and training programs for women who want to start or develop a business. Female entrepreneurship has individual characteristics because of those aspects of the business which are affected by cultural, technological, legislative, social, and historical developments. This book discusses the relationship between female entrepreneurship and the economy, and academic authors from developing countries such as Brazil, Turkey, Albania, Kosovo, Portugal, and Malaysia analyze the developments encompassing women and entrepreneurship in their respective countries. The authors discuss the regulatory frameworks of each country to show how these either help or hinder female entrepreneurship, and consequently, the place of women in the economy. Women and entrepreneurship is an emerging theme, and this book is a must-read for researchers from both developing and developed countries.
Research Methods in Legal Translation and Interpreting: Crossing Methodological Boundaries (Law, Language and Communication)
by 321 Ucja Biel Jan Engberg Rosario Martín Ruano Vilelmini SosoniThe field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf
Research Methods in Legal Translation and Interpreting: Crossing Methodological Boundaries (Law, Language and Communication)
by 321 Ucja Biel Jan Engberg Rosario Martín Ruano Vilelmini SosoniThe field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf
Artificial Intelligence, Management and Trust (Routledge Studies in Trust Research)
by Mariusz So 322 Tysik Magda Gaw 322 Owska Bartlomiej Sniezynski Artur GuniaThe main challenge related to the development of artificial intelligence (AI) is to establish harmonious human-AI relations, necessary for the proper use of its potential. AI will eventually transform many businesses and industries; its pace of development is influenced by the lack of trust on the part of society. AI autonomous decision-making is still in its infancy, but use cases are evolving at an ever-faster pace. Over time, AI will be responsible for making more decisions, and those decisions will be of greater importance. The monograph aims to comprehensively describe AI technology in three aspects: organizational, psychological, and technological in the context of the increasingly bold use of this technology in management. Recognizing the differences between trust in people and AI agents and identifying the key psychological factors that determine the development of trust in AI is crucial for the development of modern Industry 4.0 organizations. So far, little is known about trust in human-AI relationships and almost nothing about the psychological mechanisms involved. The monograph will contribute to a better understanding of how trust is built between people and AI agents, what makes AI agents trustworthy, and how their morality is assessed. It will therefore be of interest to researchers, academics, practitioners, and advanced students with an interest in trust research, management of technology and innovation, and organizational management.
Constitutionality of Law without a Constitutional Court: A View from Europe (Comparative Constitutional Change)
by Miros 322 Aw GranatThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics.
Patient Autonomy and Criminal Law: European Perspectives (Routledge Research in Health Law)
by Pawe 322 DanilukThis book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.
Law, Populism, and the Political in Central and Eastern Europe (Birkbeck Law Press)
by Rafa 322 Ma 324 Ko Adam Sulikowski Przemys 322 Aw Tacik Cosmin CercelThis book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
The Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society (Routledge Studies in Management, Organizations and Society)
by Robert Kud 322 Ak Ralf Barkemeyer Lutz Preuss Anna HeikkinenThe Impact of Corporate Social Responsibility: Corporate Activities, the Environment and Society adds to the current debate on the societal-level impacts of corporate social responsibility (CSR). This edited volume offers conceptual and empirical contributions highlighting various dimensions of CSR impacts. What differentiates the book from others is that we examine the impact of CSR at the societal level, rather than focussing only on those at occur at the level of the firm. The book’s contributions present novel perspectives that comprise, among others, empirical analyses of CSR activities, accounts of impacts in various geographic locations, and state-of-the-art reviews of extant literature on the topic. The practical examples and theory-building presented here help us to better capture the societal impacts of contemporary CSR practice. This book will appeal to scholars and students as well as practitioners and policy makers interested in practical and theoretical aspects of CSR impacts at the societal-level.Chapter 3 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives CC-BY 4.0 license.
Integration of Migrants into the Labour Market in Europe: National, Organizational and Individual Perspectives (Advanced Series in Management #25)
by Sylwia Przytu 322 A 321 Ukasz Su 322 KowskiThis volume of Advanced Series in Management offers cutting-edge research into international migration in Europe. Living and working in a host country is challenging both for the host country (for its institutions, organizations and local people) as well as for the incoming migrants. Therefore, integration activities are essential for easing the transition. The purpose of this book is to examine various practices of integrating migrants in European countries from national, organizational and individual perspectives. This publication will be valuable to researchers in the field, as well as for entrepreneurs, international corporations employing from abroad, trainers preparing employees to work in multicultural teams, as well as for investors who plan to expand their business into foreign markets.
The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes
by Maciej Chmieli 324 Ski Micha 322 RupniewskiDemocratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes
by Maciej Chmieli 324 Ski Micha 322 RupniewskiDemocratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Compensation for Wrongful Convictions: A Comparative Perspective (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Wojciech Jasi 324 Ski Karolina KremensThis book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.