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Wurde im NS-Staat die kapitalistische Ausbeutung auf die Spitze getrieben? Beruhte die Bändigung der Arbeiterklasse auf deren eigener Hinwendung zum Nationalsozialismus, auf der Unterdrückung durch Partei, Staat und Unternehmerschaft - oder auf der Bestechung durch sozialpolitische Zugeständnisse der Machthaber? Zu prüfen war ebenso die These, dass sich die Arbeitsverfassung unter der NS-Herrschaft im großen und ganzen ungestört und kontinuierlich weiterentwickelte, so dass die spezifischen Erscheinungen im "Dritten Reich" nur als Übergriffe der Nationalsozialisten auf ein ansonsten intaktes Arbeitsrechtsystem zu interpretieren seien. Dem Arbeitsrecht im NS-Staat kommt erhebliche politische Bedeutung zu, und so ist hier die vorliegende Darstellung ein Desiderat der Forschung. Der Autor behandelt nicht nur den gesamten Zeitraum von 1933 bis 1945, sondern greift auch auf die Vorgeschichte in der Weimarer Republik zurück. In seine vom Schwerpunkt her rechtshistorische Arbeit sind die Ergebnisse der jüngeren sozial-wirtschafts- und allgemeinhistorischen Forschung einbezogen. Die Bestandsaufnahme der arbeitsrechtlichen Gesetzgebung dient als Grundlage für die Untersuchung der Rechtsdurchsetzung durch Verwaltung und Gerichte. Die Studie wendet sich also nicht nur an Rechtshistoriker und historisch interessierte Juristen, sondern ebenso an alle, die sich mit den historischen Grundlagen der Sozialpolitik beschäftigen.
Labor laws and legislation --- Duress (Law) --- History. --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation
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In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second the
Law --- Jurisprudence. --- Duress (Law) --- Philosophy. --- Coercion (Law) --- Compulsion --- Criminal liability --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Jurisprudence --- Law and legislation --- Philosophy
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The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad. ”Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Drug addicts --- Drug abuse --- Duress (Law) --- Drug courts --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Legal status, laws, etc. --- Treatment --- Law and legislation
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.
Duress (Law) --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation --- Coercion --- Duress (Law). --- Coercion.
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Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory.Originally published in 1988.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Duress (Law) --- PHILOSOPHY / Ethics & Moral Philosophy. --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation
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Oscar Fingal O'Flahertie Wills Wilde was born on the 16th October 1854 in Dublin Ireland. The son of Dublin intellectuals Oscar proved himself an outstanding classicist at Dublin, then at Oxford. With his education complete Wilde moved to London and its fashionable cultural and social circles. With his biting wit, flamboyant dress, and glittering conversation, Wilde became one of the most well-known personalities of his day. His only novel, The Picture of Dorian Gray was published in 1890 and he then moved on to writing for the stage with Salome in 1891. His society comedies produced enormous hits and turned him into one of the most successful writers of late Victorian London. Whilst his masterpiece, The Importance of Being Earnest, was on stage in London, Wilde had the Marquess of Queensberry, the father of his lover, Lord Alfred Douglas, prosecuted for libel. The trial unearthed evidence that caused Wilde to drop his charges and led to his own arrest and trial for gross indecency. He was convicted and imprisoned for two years' hard labour. It was to break him. On release he left for France, There he wrote his last work, The Ballad of Reading Gaol in 1898. He died destitute in Paris at the age of forty-six sipping champagne a friend had brought with the line 'Alas I am dying beyond my means'. Here we publish another of his classic plays 'An Ideal Husband'
English drama. --- Political corruption. --- Extortion. --- Blackmail --- Chantage --- Offenses against property --- Undue influence --- Threats --- Boss rule --- Corruption (in politics) --- Graft in politics --- Malversation --- Political scandals --- Politics, Practical --- Corruption --- Misconduct in office --- English literature --- Corrupt practices
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Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Preventive law. --- Criminal law --- Preventive detention. --- Organized crime --- Duress (Law) --- Philosophy. --- Prevention. --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Organized crime prevention --- Prevention of organized crime --- Crime prevention --- Detention, Preventive --- Detention of persons --- Practice of law --- Law and legislation
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The thesis analyzes the legal nature of the abusive clauses, particulary in the insurance contract, to proposse the relative nullity as the adequate consequence to the abusive clause.
Immoral contracts --- Contratos inmorales --- Consumer protection --- Protección al consumidor --- Consumerism --- Protection, Consumer --- Commercial policy --- Contracts contra bonos mores --- Immoral consideration --- Contracts --- Lesion (Law) --- Illegal contracts --- Undue influence --- Law and legislation --- Colombia. --- Colombie --- Estados Unidos de Colombia --- Gelunbiya --- Grã-Colômbia --- Gran Colombia --- Kolumbien --- Kolumbii͡ --- Koronbia --- Kūlūmbiy --- Neu-Granada --- República de Colombia --- United States of Colombia --- Contract law
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The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.
Duress (Law) --- Necessity (Law) --- Defense (Criminal procedure) --- Criminal defenses --- Defense (Law) --- Defenses, Criminal --- Actions and defenses --- Criminal procedure --- Due process of law --- Trial practice --- Public defenders --- State of necessity --- Assistance in emergencies --- Criminal liability --- Justification (Law) --- Liability (Law) --- Self-defense (Law) --- Self-help (Law) --- Coercion (Law) --- Compulsion --- Law --- Threats --- Torts --- Undue influence --- Law and legislation --- General and Others
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Cyberterrorism. --- Computer crimes. --- Computers and crime --- Cyber crimes --- Cybercrimes --- Electronic crimes (Computer crimes) --- Internet crimes --- Crime --- Privacy, Right of --- Attacks on computers --- Computer attacks --- Cyber attacks --- Cyber terrorism --- Cyber war --- Cyberwarfare --- Electronic terrorism (Cyberterrorism) --- Computer crimes --- Terrorism --- Extortion. --- Blackmail --- Chantage --- Offenses against property --- Undue influence --- Threats
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