Introduction -- The Law Of Nations: Between The Natural Law And The Positive Law -- The Basis Of Law For Francisco Suárez -- The Basis Of Law For Hugo Grotius -- The Law Of The People In Suárez -- The Law Of Nations In Hugo Grotius -- Conclusion.This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo…
Foreword in English -- Foreword in French -- Opening Speech -- 1. The Independence of a Meritorious Elite: The Government of Judges and Democracy; Sophie Turenne -- 2. Judicial Rulings with Prospective Effects – From Comparison to Systematisation; Eva Steiner -- 3. Interpretation and Application of the New York Convention by National Courts; George A. Bermann -- 4. Private Law and Fundamental…
Part I - The Norm of Love in the Chambers of Criminal Justice: 1 Surveillance of the Norm of Love in Criminal Law -- 2 The Oxytocin of Love in the Context of Medical Science -- 3 The Rule of Love for the Interrogation of Criminal Justice -- 4 The Modus Operandi of the Norm of Love in Criminal Justice -- 5 The Right to Demand Love in Criminal Justice -- Part II - The Rule of Love in the Aquarium…
This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so…
1 Sources of Law by Jaap Hage -- 2 Legal Reasoning by Jaap Hage -- 3 Basic Concepts of Law by Jaap Hage -- 4 The Law of Contract by Jan Smits -- 5 Property Law by Bram Akkermans -- 6 Tort Law by Jaap Hage -- 7 Criminal Law by Johannes Keiler, Michele Panzavolta, and David Roef -- 8 Constitutional Law by Aalt Willem Heringa -- 9 Administrative Law by Chris Backes and Mariolina Eliantonio -- 10 T…
Acknowledgment -- Preface -- Introduction -- Legitimacy of Law -- Constitutional Government: China's Predicament and Extrication -- Legal Traditions: The Western Law and Its Transplantation in China -- Conclusion -- Bibliography.The major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the par…
Introduction -- Interpretative methods and judicial power -- The jurisprudence of discrimination against LGBTI persons: global issues and concerns -- Addressing judicial activism and judicial restraint -- Analyzing the Supreme Court's verdict on Section 377 of the Indian Penal Code -- Law beyond the law -- Global discrimination against gay families -- Suggestions and concluding remarks -- Summa…
Chapter 1: Introduction (Peter Langford, Ian Bryan and John McGarry) -- Part I: Legal Science Before The Tribunal Of Validity.-Chapter 2: Hans Kelsen and the Social Fact Thesis (Lorenz Kähler).-Chapter 3: Natural Law and the Nature of Law: Kelsen’s Paradox (Pierre-Yves Quiviger) -- Part II: Beyond Natural Law? -- Chapter 4: Natural Law Systematics: Is There a ‘Grundnorm’ in Natural Law? …
Water Allocation and Management in Hawaii: A Case of Institutional Entropy -- Institutions for Resources Management: A Case Study from Sri Lanka -- Water Institutions in India: Structure, Performance, and Change -- Uphill Flow of Reform in China’s Irrigation Districts -- Institutions for Water Management in Mexico -- Water Institutions in the Middle East -- Institutions in South African Inter…
The Domain of New Institutional Economics -- Institutions and the Performance of Economies Over Time -- The Institutional Structure of Production -- Transaction Cost Economics -- Political Institutions and the State -- Electoral Institutions and Political Competition -- Presidential versus Parliamentary Government -- Legislative Process and the Mirroring Principle -- The Performance and Stabili…