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Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law. "Mathis gives a succinct and lucid presentation of the economic theory of law, and of the problems associated with its application as a normative theory in law. At the same time, he rightly draws attention to the advantages associated with this approach, and provides a helpful and thoroughly ambitious introduction to its fundamental principles." Prof. Dr. Jan-R. Sieckmann, Archives for Philosophy of Law and Social Philosophy (ARSP), Vol. 91/2 (2006).
Economics. --- Justice, Administration of --- Law --- Procedure (Law) --- Economic aspects. --- Philosophy. --- Jurisprudence --- Adjective law --- Legal procedure --- Practice (Legal procedure) --- Procedural law --- Administration of justice --- Courts --- Economic theory --- Political economy --- Social sciences --- Economic man --- Practice --- Procedure --- Law and legislation --- Ökonomische Theorie des Rechts --- Rechtsphilosophie. --- Law and economics. --- Philosophy (General). --- Economic theory. --- Political science. --- Law and Economics. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy, general. --- Economic Theory/Quantitative Economics/Mathematical Methods. --- Political Science. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Law—Philosophy. --- Law. --- Mental philosophy --- Humanities --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation
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This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.
Law. --- European Law/Public International Law. --- European Integration. --- Social Sciences, general. --- Public law. --- Europe --- Social sciences. --- Droit --- Droit public --- Sciences sociales --- Economic policy. --- Constitutional law --- -342.2422 --- Ud3 --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Constitutional law -- European Union countries -- Congresses. --- Law - Non-U.S. --- Law, Politics & Government --- Law - Europe, except U.K. --- Political science. --- International relations. --- International law. --- European Economic Community literature. --- Political Science and International Relations. --- International Relations. --- Law, general. --- European Law. --- European Economic Community lite. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- 342.2422 --- Law—Europe.
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The global economy brings us into a new world of legal players and legal transac- 1 tions. Corporations from many countries and divergent cultural backgrounds - come our partners for business and investment. Therefore, it is indispensable to know the main principles of other countries’ corporate governance structures. Some remarkable developments have taken place in the European Union (EU) in recent times: the EU now comprises 27 Member States after Cyprus and several other Eastern and Southeastern European States became members in 2004 and with Romania and Bulgaria joining the EU in January 2007. Company law h- monisation is once again high on the agenda of the EU; the first European C- panies (SE) started to do business at the end of 2004; and every day more and more cross-border trade takes place within the EU. This book aims to provide the reader with a basic understanding of the German corporate governance system. It offers an overview of German corporations law and explains the interrelationship among the various organs required for German public corporations. It also gives an overview of recent corporate governance - velopments in Germany. The German system of employee codetermination and its future is dealt with in detail, while we also focus on accounting as the docum- tary proof of good corporate governance.
Corporate governance --- Gouvernement d'entreprise --- Law and legislation --- Droit --- Law, General & Comparative --- Industrial Management --- Management --- Law, Politics & Government --- Business & Economics --- -Corporate governance --- -346.0660943 --- Eb6deu --- Governance, Corporate --- Industrial management --- Directors of corporations --- Law. --- Management. --- Commercial law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Commercial Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law merchant --- Maritime law --- Administration --- Industrial relations --- Organization --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law --- Private International Law, International & Foreign Law, Comparative Law .
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Dr. Heiko Krüger is an attorney at law and commentator on international and European legal affairs in Berlin, Germany. His research interests include secession conflicts, conflict resolution, the conduct of states and the implications of such action. Dr. Krüger is particularly concerned with secession conflicts in the Caucasus region and the Kosovo case. After obtaining his doctorate in law, he worked as a legal clerk at the German Ministry of Foreign Affairs and the Scientific Department of the German Parliament. He has served as a member of the Ethics Committee of the State of Berlin since 2006. This treatise is primarily concerned with the legal aspects of the Nagorno-Karabakh conflict. Current developments make it clear that the juristic aspects of secession conflicts are successively becoming blurred. Also, their significance is being superseded within the framework of conflict resolution attempts. The controversial recognition of Kosovo by several states in 2008 as well as the equally questionable recognition of Abkhazia and South Ossetia by Russia are merely two aspects. The aim of this treatise is therefore to focus more strongly on the legal positions, and in particular to underline the importance of principles of international law in connection with the Nagorno-Karabakh conflict. The analysis concentrates on two aspects of the Nagorno-Karabakh conflict. On the one hand the legitimacy or illegitimacy of the secession of Nagorno-Karabakh is scrutinised in accordance with Soviet law and international law. In this respect, the current developments in the cases of Kosovo, Abkhazia and South Ossetia are also taken into account. On the other hand, insight is provided into how the conduct of the Republic of Armenia is to be assessed from an international law perspective.
Law.
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Law, general.
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Droit
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Law
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Nagorno-Karabakh Conflict, 1988-1994
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Armenia (Republic)
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Azerbaijan
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Foreign relations
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Legitimacy of governments
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Nagorno-Karabakh Conflict, 1988-1994.
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Recognition (International law)
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State succession.
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Karabachkrieg
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Selbstbestimmungsrecht
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Sezession
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Dramatic cases of child abuse and neglect are featured with tragic regularity in the news. The stories vividly demonstrate both the urgent need for improved child protection services and the unwieldiness and ineffectiveness of the systems charged with the task. To complicate matters further, the original intent of child welfare policy is becoming increasingly obscured as legal responses to child maltreatment become more complex, intrusive, and even contradictory. Fueled by a consistent narrative and a lucid ethical stance, Child Maltreatment and the Law analyzes the increasing role legal systems play in family life and traces rapidly evolving legal concepts as they apply to child protection. This unique volume helps readers: Navigate the various layers of legal regulation – federal and state – involved in child protection and family life. Identify variations and discrepancies in definitions of maltreatment and legal responses. Critique the relationships and boundary disputes between the criminal and civil justice systems and agencies dedicated to children’s welfare. Analyze controversies (e.g., removing children from maltreating families) and other prime areas for possible reform. Child Maltreatment and the Law is a must-read for psychologists, developmentalists, sociologists, social workers, criminologists, and researchers focusing on family life as well as policymakers and advocates working within the legal system. The book is particularly useful for courses relating to child welfare law or child abuse and neglect. ______________________________________________________________________ "Professor Levesque has written the book on child maltreatment that we have all been waiting for. Unlike other books in the field which primarily approach the subject from the perspective of one discipline---usually sociology, psychology, or law--it is relevantly multi- and interdisciplinary: child psychologists and social workers cannot hope to make real headway in child maltreatment prevention without considering the complex legal and political implications of their work, projects, and proposals, just as those who work with the law cannot hope to create or administer responsible and effective legal responses to the problem without understanding what children and families need to be successful. It is because Levesque has devoted his professional life to understanding the intricacies of these inevitable ties that he is able to produce this wonderful work that is at once a map through unfamiliar conceptual and practical territory and a blueprint for the development of appropriately sophisticated reform efforts. I recommend it to anyone who works in this field whatever their discipline and beyond that to anyone who cares about the success of child maltreatment prevention policies and programs." Doriane Lambelet Coleman, Professor of Law, Duke University School of Law "In a tightly written yet comprehensive volume, Professor Levesque has masterfully provided one of the most thoughtful analyses to date of modern American responses to child maltreatment. Levesque offers valuable insights to a broad range of readers, rendering the material accessible to those new to the field, and--for those with expertise in the area of child protection--shedding new light on the perennial and intransigent problems that plague our nation's approach to child welfare. Levesque adeptly blends legal, social scientific, and policy-oriented perspectives, challenging traditional assumptions, and delivering an original, provocative, and highly satisfying treatment of the subject matter, maintaining a nuanced and balanced stance from the first page to the last." Lois A. Weithorn, Hastings College of the Law, University of California.
Psychology. --- Child and School Psychology. --- Law and Psychology. --- Law, general. --- Criminology & Criminal Justice. --- Social Work. --- Education (general). --- Philosophy (General). --- Law. --- Criminology. --- Social work. --- Developmental psychology. --- Law --- Droit --- Criminologie --- Travail social --- Psychologie du développement --- Psychological aspects. --- Aspect psychologique --- Child abuse. --- Child abuse --- Social Sciences --- Law - U.S. --- Law - Non-U.S. --- Law, Politics & Government --- Psychology --- Criminal Law & Procedure - U.S. --- Law - Great Britain --- Law and legislation --- Abuse of children --- Child maltreatment --- Child neglect --- Children --- Cruelty to children --- Maltreatment of children --- Neglect of children --- Abuse of --- Education. --- Child psychology. --- School psychology. --- Criminology and Criminal Justice, general. --- Education, general. --- Child welfare --- Family violence --- Parent and child --- Abused children --- Crimes against --- Development (Psychology) --- Developmental psychobiology --- Life cycle, Human --- Benevolent institutions --- Philanthropy --- Relief stations (for the poor) --- Social service agencies --- Social welfare --- Social work --- Human services --- Crime --- Social sciences --- Criminals --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Study and teaching --- Education, Primitive --- Education of children --- Human resource development --- Instruction --- Pedagogy --- Schooling --- Students --- Youth --- Civilization --- Learning and scholarship --- Mental discipline --- Schools --- Teaching --- Training --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Philosophy --- Soul --- Mental health --- Psychology, School --- Behavior, Child --- Child behavior --- Child study --- Pediatric psychology --- Child development --- Developmental psychology --- Education
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The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices that is beginning to be reflected in legal education. This volume gathers the insights of leading legal scholars from numerous jurisdictions to consider how the culture and the education of their own lawyers serve or should serve the new international reality. Law firms, law schools, universities, courts and other legal institutions must make themselves more "international" to support the national interests of their clients and governments better. This requires new attitudes, new legal rules and new forms of practical instruction. The essays collected in this volume explore the reality of legal globalization and suggest some ways in which the emerging multinational and multicultural legal order could be made more just and effective.
Law. --- International & Foreign Law/Comparative Law. --- Law Theory/Law Philosophy. --- European Law/Public International Law. --- Law, general. --- Professional & Vocational Education. --- Law --- Comparative law. --- Public law. --- Droit --- Droit comparé --- Droit public --- Philosophy. --- Philosophie --- International law --Study and teaching. --- Law and globalization. --- Law --Study and teaching. --- Law and globalization --- International law --- Law, General & Comparative --- Law, Politics & Government --- Study and teaching --- Study and teaching. --- Globalization and law --- Private international law. --- Conflict of laws. --- International law. --- Public international law. --- Private International Law, International & Foreign Law, Comparative Law. --- Theories of Law, Philosophy of Law, Legal History. --- Public International Law. --- Jurisprudence --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Law of nations --- Nations, Law of --- Public international law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law --- Globalization --- Private International Law, International & Foreign Law, Comparative Law . --- Public International Law . --- Law—Philosophy. --- Professional education. --- Vocational education. --- Education, Vocational --- Vocational training --- Work experience --- Education --- Technical education --- Education, Professional --- Career education --- Education, Higher
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The present volume compiles the German National Reports on Public Law that are to be presented at the XVIIth Congress of the International Academy of Comparative Law, which will take place from 16 – 22 July 2006 in Utrecht, the Netherlands. By publishing the conference report before the conference itself has taken place, we hope to enable interested scholars and practitioners to gain information in greater - tail as it will be possible during the conference, and in this way to stimulate and inspirit the overall discussion. The Congress, like its predecessors, will bring together academics and practitioners from all over the world and thus offer an excellent opportunity for discussion and comparison on a wide range of current and interesting issues. The articles of this volume map out the current situation and doctrinal ramifications of a specific comparative project, as designed by the Congress organisers. Each contributor provides both a full picture of the subject area and sets out his or her view on the topic, which will, given our experiences from the previous conferences, stimulate and enrich the discussions at this year’s conference. This volume contains eight reports focussing on specific topics of G- man Public Law and two dealing with questions of European Constitutional Law.
Law. --- European Law/Public International Law. --- International & Foreign Law/Comparative Law. --- Comparative law. --- Public law. --- Droit --- Droit comparé --- Droit public --- BPB0802 --- 342.4 <43> --- 342.4 EU --- 342.4.04 --- Grondwet--Duitsland voor 1945 en na 1989 --- Grondwet--EU --- Grondwetsherziening. Staatshervorming --- Constitutional law -- European Union countries -- Congresses. --- Constitutional law -- Germany -- Congresses. --- Constitutional law --- Law - Non-U.S. --- Law - Europe, except U.K. --- Law, Politics & Government --- 342.4.04 Grondwetsherziening. Staatshervorming --- 342.4 EU Grondwet--EU --- 342.4 <43> Grondwet--Duitsland voor 1945 en na 1989 --- Private international law. --- Conflict of laws. --- International law. --- European Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Europe.
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This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics. This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state.
Rule of law --- Comparative law --- Règle de droit --- Droit comparé --- Comparative studies --- Etudes comparatives --- Rule of law. --- Sociological jurisprudence --- Sociological jurisprudence -- Cross-cultural studies. --- Sociological jurisprudence. --- Law, Politics & Government --- Law, General & Comparative --- Règle de droit --- Droit comparé --- EPUB-LIV-FT LIVHUMAI SPRINGER-B --- Law --- Law and society --- Society and law --- Sociology of law --- Supremacy of law --- Sociology --- Political science. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Constitutional law. --- Philosophy. --- Law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Fundamentals of Law. --- Constitutional Law. --- Law, general. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Jurisprudence --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Interpretation and construction --- Civil law --- Law and the social sciences
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