When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for (...) instance the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a (...) particularly detailed analysis of court jurisprudence within the context of the relationship between tax and law. On the basis of the analysis conducted, it was established that the basis for the Lithuanian tax law system consists of the Constitution of the Republic of Lithuania; the Law on Tax Administration; tax laws that lay down specific taxes and of by-laws adopted on their basis; national legal regulations that contain a consideration attribute and set mandatory payments to the State budget; the Law on Customs; ratified international agreements; the European Union legal regulations to the extent they are related to the duties, import excise duty, and value added tax; and the European Union directives in respect of direct and indirect taxes and the extent to which they are related to tax administration. When relationships in public law are directly regulated by the relevant public law regulations, it is not private law regulations, but the corresponding public law regulations that must be applied. In order to determine the need for tax authorities to rely on the regulations of the Civil Code, it is necessary to state the necessity to assess legal relationships from the point of view of private law or to identify a gap in legal regulation of public law due to which the norms of the Civil Code are subsidiary. Prior to establishing the tax base, the tax authority does not have to rebut transactions in civil procedure. The taxpayer’s obligation to fulfil tax liabilities that are properly prescribed by tax laws is not called into question by unlawful acts of other persons which constitute grounds for their civil (non-contractual) liability for the damages caused. The factual circumstances of tax relations established in the court cases heard in criminal and/or administrative procedures, do not need to be proved again – they are relied on in the course of tax inspections or when hearing tax disputes. The principle of equality of taxpayers requires tax administrators to give equal treatment to the facts with respect to all participants regarding the same tax relationship and obliges taxpayers to pay taxes honestly, because non-payment of taxes is a breach of public interest and therefore of this principle. In accordance with the principle of general applicability and equality, each taxpayer has an obligation to pay taxes as prescribed in tax legislation observing the calculation and payment procedures stipulated in the tax legal regulations, whereas the amount payable as established by the tax administrator shall be regarded as well-founded to the extent that it does not exceed the criterion of equality and reasonableness. The principle of clarity of taxation requires the tax administrator to adopt clear and comprehensive decisions with respect to the taxpayer and therefore to ensure their rights and legitimate interests. In the calculation of tax by applying the principle of primacy of content over form, it is necessary to establish that a transaction, an economic deal or indeed any group thereof has been concluded for the purpose of obtaining tax benefits. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which (...) spans hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a (...) cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors. (shrink)

Biolaw is an autonomous interdisciplinary legal discipline, with great theoretical and practical relevance because of its possible social effects. This contribution deal with the most relevant different approaches to bioethical problems according to the main juridical systems, as they are civil law and common law. A main topic is also the relation between Biolaw, Bioethics and Biopolitics.

In this thought-provoking book, Eli Foster Ritter explores the relationship between moral and civil law, arguing that they are different aspects of the same fundamental system of justice. With insightful analysis and persuasive argumentation, Ritter challenges readers to reconsider their assumptions about the nature of law and the role it plays in society. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work (...) is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history (...) of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

In the "Ethics", Abelard discusses the example of a judge who knowingly convicts an innocent defendant. He claims that this judge does rightly when he punishes the innocent man to the full extent of the law. Yet this claim seems counterintuitive, and, at first glance, contrary to Abelard’s own ethical system. Nevertheless, I argue that Abelard’s ethical system cannot be viewed as completely subjective, since the rightness of an individual act of consent is grounded in objective standards established (...) by God. Likewise, any particular civil government must derive its authority objectively from the natural and/or Christian laws, which ground its possibility and function. In this paper, I examine Abelard’s explication of the natural law, discoverable through reason, and the divine laws, knowable only through revelation, in order to explore what form an adequate civil law would have to take under which the judge could be said to have acted rightly. (shrink)

This comprehensive historical exploration investigates the intricate relationship between religion and the evolution of civil laws. Throughout human history, the interplay between religious beliefs and legal systems has profoundly shaped societies and governance structures. From ancient civilizations to the modern era, religious authorities and teachings have acted as catalysts in shaping civil laws, often with the goal of promoting social justice. This article embarks on a journey through time, unraveling the multifaceted connections between religion and the development of (...) legal frameworks. In numerous societies, religious doctrines formed the cornerstone of civil laws and regulations. The majority of civilizations witnessed priests assuming pivotal roles as lawmakers, effectively coupling civil laws and religious practices. By examining various historical civilizations, this study illustrates how religious norms and practices were intertwined with legal codes, revealing instances where religious teachings played a crucial role in promoting adherence to laws. The transition to modern times witnessed the emergence of alternative means for law enforcement, yet religion’s role persisted as an internal driving force for fostering law-abiding behavior. Drawing from examples such as the Code of Hammurabi, Islamic legal traditions, and the Roman Twelve Tables, this article showcases historical instances where religious values contributed to legal principles centered around equity, justice, and morality. Additionally, the study explores how religion’s influence shifted over time, from early religious leaders acting as legislators to the establishment of more secular legal systems. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning (...) framework, which has recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

Burlamaqui, J[ean] J[acques]. The Principles of Natural Law.

The Civil Code of Lithuania (1964), in force until 2000, did not regulate the objects of civil rights, thus Chapter V of Part III of Book I of the Civil Code of Lithuania is a significant novelty. Several approaches to an abstract definition of the objects of civil rights still exists in the legal doctrine: whether the object of civil rights and the object of the civil relationship coincide; is the object of civil (...) rights an element of the civil relationship and can separate objects (e.g. actions) be considered as the objects of civil rights. Some authors consider such discussion useless to the practical implementation of the law, however, other authors emphasise that the lack of attention of the theory to this subject causes methodological problems while analysing the functional and systemic links among different types of civil relationships. Therefore, the purpose of this research is to analyse the link between the concepts of the object of civil rights and the object of civil relationship, the link between the objects of civil rights and property objects and the types of objects of civil rights in order to reveal the system of objects of civil rights. The subject-matter of the research is the analysis of legal regulation and legal doctrine of the objects of civil rights and their types and their interrelation with the property objects in order to identify the abstract definition of the object of civil rights and examine the system of objects of civil rights. (shrink)

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the (...) enhanced procedural protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be (...) constructed within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working from these fundamental premises, he analyzes in detail a rich array of important legal issues: fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state. Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law. (shrink)

Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal system (...) by helping to remove these causes of disorder. Thus, civil disobedience is sometimes justifiable in terms of its contribution to law and order. (shrink)

This book looks at the civil justice system - the courts and what they do; legal aid and other methods of providing access to justice; lawyers and their conduct; and the role of legal procedure. It also looks at the impact the civil justice system has on wider society, and its relationship with economics and commercial development. The book is largely focussed on Britain, but includes material from the USA, the Indian sub-continent, south-east Asia, and Aboriginal (...) society in Australia. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...) particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

To achieve more cost-effective deterrence of unreasonable risktaking through civil liability, I propose and demonstrate previously unrecognized benefits of using simple random sampling to resolve multiple claims against a business or government defendant in the aggregate. I show that counter to intuition and prevailing assumptions and practice, simple sampling will enhance, not compromise, deterrent results regardless of the number of claims and the variety and significance of differences among them. Indeed, it can be used to resolve multiple claims that (...) bear no resemblance to one another except for targeting the same defendant. The proposal can thus be employed to increase the efficiency of resolving relatively similar claims in class and consolidated actions and, by extending the application of such collectivizing processes, lower the cost of resolving all other claims that would be adjudicated as separate actions. I close by sketching a design for a reformed civil liability system that fully integrates and exploits the law enforcement benefits of sampling to better achieve the primary social objectives of accident risk deterrence and insurance. (shrink)

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking (...) of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition. (shrink)

This paper addresses the problems of justifying and explaining beliefs about facts in the context of civil trials. The first section contains some remarks about the nature of adjudicative fact-finding and highlights the communicative features of deciding about facts in judicial context. In Sect. 2, some difficulties and the incompleteness presented by Bayesian and coherentist frameworks, which are taken as methods suitable to solve the above-mentioned problems, are pointed out. In the third section, the purely epistemic approach to the (...) justification and the explanation of beliefs about facts is abandoned and focus is given to the dialectical nature of civil procedure, where the parties and, particularly, the judge have to make their reasoning clear enough to allow a fruitful and efficient debate about facts. For this purpose, a communication/argumentation system is put forward, consisting of fourteen intertwined rules of discourse. The system embodies the fundamental epistemic principle according to which belief is updated given new evidence, is tailored for abductive inferences and is structured on fundamental concepts of civil procedural law. The fourth section presents an empirical application of the system to a real case. (shrink)

This article focuses on Latin American constitutionalism with two goals in mind. The first goal is to identify narratives of constitutional mixity or hybridity that have been influential in Latin America, something that habilitates a comparative analysis with references to mixed or hybrid constitutionalism in other scenarios. One narrative underlines the combination of U.S.-inspired constitutionalism with background civil law systems. Another narrative highlights the way classic regional constitutional designs feature a liberal-conservative hybridation that, some claim, continue to influence constitutional (...) dynamics up to this day. And the third narrative is associated with the establishment in regional countries of hybrid or mixed systems of judicial review. The second goal of the article, more methodological in kind, is to explore what do Latin American narratives on mixity teach in the way to clarifying the nature and implications of exercises constitutional taxonomy. As it emerges, constitutional taxonomy is a way of organizing and generating knowledge which is useful to describe, but most meaningful when addressed to provide an explanation, which is often just an antechamber to normative evaluation. Whether a particular exercise of constitutional taxonomy makes sense in a particular scenario, however, is a different matter, and the article suggests that describing, explaining and evaluating Latin American constitutions as hybrid is illuminating but also problematic in a number of ways. (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international (...) class='Hi'>system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it (...) shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition. (shrink)

There are cases in which the literal interpretation of statutes may lead to counterintuitive consequences. When such cases go to high courts, judges may handle these counterintuitive consequences by identifying problematic rule conditions. Given that the law consists of a large number of rule conditions, it is demanding and exhaustive to figure out which condition is problematic. For solving this problem, our work aims to assist judges in civil law systems to resolve counterintuitive consequences using logic program representation of (...) statutes and Legal Debugging. The core principle of Legal Debugging is to cooperate with a user to find a culprit, a root cause of counterintuitive consequences. This article proposes an algorithm to resolve a culprit. Since the statutes are represented by logic rules but changes in law are initiated by cases, we adopt a prototypical case with judgement specified by a set of rules. Then, to resolve a culprit, we reconstruct a program so that it provides reasons as if we applied case-based reasoning to a new set of prototypical cases with judgement, which include a new set of facts relevant to a considering case. (shrink)

Sharia is a religious legal system that is based on the divine mandates revealed in the Quram and the Sunna as has been interpreted bu the main Islamic Schools of Law, both Sunni and Shiita. In orden to understand what is at stake, distinctions between the main Islamic traditions in this ground was one of the factors that have led to an imprecise use of terminology of the Quram which refers to the Islamic divorce, that is: the Talaq. Its (...) confusion has also been reflected in the case law of the Spanish Supreme Court which regards to the effects of Talaq under the Spanish Civil Law. Bilateral Accord concluded betwen the Spanish Goverment and the Islamic Religious Comunities of Spain has not regulated the requirements of the recognition of the islamic divorce in our legal system. Nevertheless, whether repudiation has been made under the Civil Law of a Muslim State, it could be recognized in Sapin under the rules of procedure of the International Private Law. The main purpose of such recognition is to guarantee the basic civil rights and liberties of the woman who has been repudiated. (shrink)

This paper offers an account of Susan Haack’s philosophy of law and points out several aspects within the legal pragmatist tradition that deserve further discussion. Firstly, a systematic presentation of legal pragmatism as it is defended by Haack, who follows Justice Oliver W. Holmes here, is given. Secondly, the limits of an evolutionary perspective of law recommended by legal pragmatism are considered. Finally, the paper discusses whether legal pragmatism is able to handle different legal traditions, thereby focusing on Anglo-American common (...) law and European civil law. (shrink)

This paper offers an account of Susan Haack’s philosophy of law and points out several aspects within the legal pragmatist tradition that deserve further discussion. Firstly, a systematic presentation of legal pragmatism as it is defended by Haack, who follows Justice Oliver W. Holmes here, is given. Secondly, the limits of an evolutionary perspective of law recommended by legal pragmatism are considered. Finally, the paper discusses whether legal pragmatism is able to handle different legal traditions, thereby focusing on Anglo-American common (...) law and European civil law. (shrink)

This paper offers an account of Susan Haack’s philosophy of law and points out several aspects within the legal pragmatist tradition that deserve further discussion. Firstly, a systematic presentation of legal pragmatism as it is defended by Haack, who follows Justice Oliver W. Holmes here, is given. Secondly, the limits of an evolutionary perspective of law recommended by legal pragmatism are considered. Finally, the paper discusses whether legal pragmatism is able to handle different legal traditions, thereby focusing on Anglo-American common (...) law and European civil law. (shrink)

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of (...) animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)

Islam is not only a religious system that boils down to dogma and worship, but is a set of principles and norms that underpin the organization and activities of the authorities and regulate the behavior of Muslims. The status of a Muslim consists of two interconnected components: his rights and responsibilities as a believer and as a subject of civil relations. A special and main feature of Muslim law, as a part of Islam, is the interaction of religious (...) and secular, rational and irrational, spiritual and material, mainly as a system of legal norms, which is an important element of the Islamic way of life. (shrink)

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended (...) in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice. (shrink)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

This book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in economics (...) and law. - The book’s focus on the most important and basic – foundational – issues in law and economics. - An exposition of the opposition between the different legal systems that exist in the world including common law, civil law and public law. - Debates viewed from the perspective of the scholars from a range of backgrounds are presented as well as all the key figures in economics and in law. The book should prove to be an essential resource to all students studying this burgeoning field and represents an exciting introduction to one of the key disciplines which has grown up in the social sciences in recent times. (shrink)

Law and Society, Third Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Third (...) Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today's society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.?KEY FEATURES: An interdisciplinary approach integrates various intellectual perspectives and traditions to provide extensive coverage of the legal profession, juries, criminal courts, and racial and ethnic inequality. Gender is covered throughout the text with particular attention devoted to abortion, human trafficking, global exploitation, sexual abuse, and the role of women in the justice system. A distinction between legal myth and reality is analyzed throughout the text using contemporary media examples. International Perspective sections offer relevant cross-cultural and international studies to provide a unique global viewpoint. Test Your Knowledge questions open chapters to show students what they may and may not know prior to reading the chapters. You Decide cases are presented throughout the book to sharpen critical thinking skills by applying the chapter contents to contemporary issues. (shrink)

Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and (...) ethical frameworks.Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills. (shrink)

The nature and relationships between Law and State -- Law making, its sources and the role of State -- Law, legal systems, and legal families : synchronizing in the Globalized World -- Fundamental legal concepts : the distinctive features of law -- Constitutional law : the Supreme Law of the land -- Criminal law : State's authority in defining and penalizing crimes -- Torts : making people responsible & civilized -- Civil law and proceedings : public and private law (...) -- Law for doing business : the role of state and market -- Justice : the goal of political society -- The Rule of Law : foundation of modern political society -- Human rights and the state : grounds for personal and institutional relationships -- International trade : the centerpiece of growth and international relations -- Law, Globalization and international relations. (shrink)

Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to (...) illustrate that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop. (shrink)

Here is an introduction to the intellectual challenges presented by law in the western secular tradition. Treating not just British law, but the whole western tradition of law, Professor Honore guides the reader through eleven topics which straddle various branches of the law, including constitutional and criminal law, property, and contracts. He also explores moral and historical aspects of the law, including a discussion of justice and the difference between civil and common law systems. The law, Honore argues, is (...) mainly concerned with the question of obedience to authority, and establishing the situations in which obedience is required and those in which it may be waived ought to be the central concern of all legal theorists. (shrink)

The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. (...) The four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website. (shrink)

Recent high-profile lawsuits have supported competing narratives that alternately depict civil litigation as an essential instrument of the rule of law and a threat to the ideal. This essay argues that each narrative captures an important element of truth and that Gerald Postema’s account of the rule of law in his book Law’s Rule helps us (albeit unwittingly) to see why. While Postema presents recourse for alleged abuses of power as a universal and enduring facet of the rule of (...) law, his conception of recourse turns out to resemble core features of the kind of adversarial litigation process exemplified by the U.S. federal civil justice system. Yet such a system both promises to promote and threatens to undermine each of the three principles that Postema claims are entailed by his understanding of the rule of law—namely, sovereignty, equality, and fidelity. Realizing recourse thus requires confronting difficult tradeoffs within each of those principles, as well as within the overarching rule-of-law ideal. And if the rule of law can’t be instantiated unequivocally in any particular set of institutions, then perhaps we should be more willing to treat the ideal as a subject of politics rather than just a constraint on it. (shrink)

This article explains the apparent tension between Hobbes' late work A Dialogue between A Philosopher and A Student of the Common Laws of England and his avowed goal of a deductive philosophy which eschews rhetoric and history, by analysing the difference between Hobbes' civil and natural philosophy. A Dialogue's simultaneous use of deduction, rhetoric, and historical citation is congruent with the method applied by Hobbes in Leviathan in order to construct his "civil philosophy". This highlights Hobbes' awareness increasing (...) with the years of the difference between the teachings of "natural philosophy" which are understood by demonstration, and once this is done are evident per se, and those of politics and jurisprudence which in order to make the people obey the sovereign maintaining peace and security, may require employing the language of persuasion before and after being demonstrated. However, I have argued that the awareness of this difference does not undermine the general unity of his philosophical system and in particular of his notion of science. (shrink)

I FORMS AND PROBLEMS OF CULTURE INTEGRATION AND METHODS OF THEIR STUDY I. Culture Integration And Culture Unity — A Dark Problem Is every culture an ...

This book takes us far beyond the usual focus of comparative law with analysis of a broad range of jurisdictions, including mixtures of common and civil law, and also those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. The discussion is situated within the broader context of the continuing tides of globalization, the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic (...) law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. (shrink)

This book provides a fascinating and critical insight into familiar and less familiar mixed legal systems, taking the reader on a voyage of discovery from St Lucia and Guyana to the islands of the Seychelles and Mauritius. It considers those mixed systems which share boundaries with unmixed ones, such as Scotland and Quebec, and those located off-shore of major and dominant jurisdictions such as Jersey off the coasts of France’s civil law and England’s common law system, as well (...) as Cyprus, situated between the influences of Europe and those of the Middle East. (shrink)

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, (...) to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice. (shrink)

Although most scholars try to conceive Immanuel Kant’s Theory of Law and his Moral Theory as belonging to a System, there is a difficulty that challenges most of the interpreters: If there is a moral content that informs how positive Law should be enacted, and hence if Morals could evaluate Law, why does Kant say that civil disobedience and resistance to Law cannot rationally be allowed? This apparent incongruence acquires another significance when one considers the functional and structural (...) differences that Kant establishes between Law and Morals. If we take them seriously into account, we will realize that Kant operates a radical separation between Morals and Law, which can no longer derive its content from Morals, but instead looks for an increasingly more political foundation in Modernity. (shrink)

The paper deals with the governance of Unmanned Aircraft Systems in European law. Three different kinds of balance have been struck between multiple regulatory systems, in accordance with the sector of the governance of UAS which is taken into account. The first model regards the field of civil aviation law and its European Union ’s regulation: the model looks like a traditional mix of top-down regulation and soft law. The second model concerns the EU general data protection law, the (...) GDPR, which has set up a co-regulatory framework summed up with the principle of accountability also, but not only, in the field of drones. The third model of governance has been adopted by the EU through methods of legal experimentation and coordination mechanisms for UAS. The overall aim of the paper is to elucidate the ways in which such three models interact, insisting on differences and similarities with other technologies, and further legal systems. (shrink)