Libros de

EU soft law in the member states

theoretical findings and empirical evidence

This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ...

What is a family justice system for?

Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role ...

Law's humility

enlarging the scope of jurisprudential disagreement

This book invites newcomers to analytical legal philosophy to reconsider the terms in which they are accustomed to describing and defending their jurisprudential allegiances. It argues that familiar taxonomic labels such as legal positivism, natural law theory and legal interpretivism are poor guides to the ...

The foundations of the Aarhus Convention

environmental democracy, rights and stewardship

This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes ...

Decarbonisation and the energy industry

law, policy and regulation in low-carbon energy markets

This timely collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised ...

Governing the extractive sector

regulating the foreign conduct of international mining firms

This book considers, and offers solutions to, the problems faced by local communities and the environment with respect to global mining. The author explores the idea of grievance mechanisms in the home states of the major mining conglomerates. These grievance mechanisms should be functional, pragmatic ...

Principle and pragmatism in Roman law

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic ...

Experimentalist competition law and the regulation of markets

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU ...

EU citizenship at the edges of freedom of movement

This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance ...

Is law computable?

critical perspectives on law and artificial intelligence

What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original ...

Philosophy of law as an integral part of philosophy

essays on the jurisprudence of Gerald J. Postema

This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value ...

Supporting legal capacity in socio-legal context

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies ...

Contracting and contract law in the Age of Artificial Intelligence

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of ...

Liberal Democracy, Law and the Citizen Speaker

Regulating Online Speech

This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter ...

Corporate bankruptcy law in China

principles, limitations and options for reform

This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in ...

Rethinking self-defence

the ancient rights' rational disentagled

Self-defence - the 'ancient right' - has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper ...

The private international law of authentic instruments

This helpful book will equip the lawyer - whether notary, barrister or solicitor - with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious ...

The fight against impunity in EU law

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first ...

Mafia and antimafia

a brief history

The mafia is the impenetrable and seemingly infallible embodiment of notoriety and criminality. Umberto Santino, one of Italy's leading mafia experts, here provides a new perspective on the mafia: as a polymorphic organization which encompasses crime, the accumulation of corruptly acquired wealth and power ...

Blind obedience and denial

the Nuremberg defendants

A revealing yet accessible examination of the Nuremberg trial, and most crucially all 23 men who stood accused, not just the most infamous-Speer, Hess, and Göring. This account sets the scene by explaining the procedures, the legal context, and the moments of hypocrisy in the ...