Products related to Common-law:
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Fighting for Justice : Common Law and Civil Law Judges: Threats and Challenges
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media.This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries.It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law.Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.
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Common Law – Civil Law : The Great Divide?
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives.Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them.Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts.These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field.A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition.The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition.These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems.The book addresses this reassessment.
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Digital Finance Law : Common and Civil Law
This book assesses the rapidly changing landscape of digital finance regulation.Focusing on the laws of banking-finance, tax, insurance, intellectual property [patents-copyright] and international commercial arbitration, it also delves into the regulation of tokens and the laws pertaining to its development, use, and transaction. The book undertakes a comparative study of civil and common law jurisdictions such as Australia, India, Japan, Singapore, UK, EU, and the USA.It explores how each jurisdiction is at various stages of developing its digital economy and providing banking and financial regulations for crypto-digital assets such as tokens.It also highlights the potential for global regulatory change and collaboration, such that there is a robust, efficient, and harmonised framework of standards, codes and law.The book asserts that blockchain technology will be a disruptive force to commercial law and will be important to taxation and insurance laws (contracts), as well as the technology that supports them.It also expands on how international arbitration agreements will require more extensive knowledge on data and cybersecurity due to the use of expert evidence that involves blockchain, code, and cybersecurity, amongst other technological elements that facilitate smart contracts and token transactions. A book of keen interest to scholars of finance law, digital finance, and comparative law, as well as legal practitioners.
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Chinese Contract Law : Civil and Common Law Perspectives
This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions.It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy.It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law.The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods.The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.
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What private law contracts are common in an association?
Common private law contracts in an association include membership agreements, vendor contracts for services or goods, rental agreements for facilities, and employment contracts for staff. These contracts help define the rights and responsibilities of the parties involved and ensure that the association operates smoothly and efficiently. Additionally, associations may enter into contracts with sponsors or partners for events or fundraising activities.
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Is there a common-law marriage or similar cohabitation?
No, there is no common-law marriage or similar cohabitation in the United Arab Emirates. In the UAE, marriage is a legal contract that must be registered with the government, and cohabitation without marriage is not recognized. Couples who live together without being legally married do not have the same rights and protections as married couples under UAE law. Therefore, it is important for couples to ensure that their relationship is legally recognized through marriage in the UAE.
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What is the most common tool within EU legislation?
The most common tool within EU legislation is the regulation. Regulations are binding legislative acts that apply directly and uniformly to all EU member states without the need for national implementing measures. They are used to ensure the uniform application of EU law across all member states and cover a wide range of policy areas, from trade and competition to environment and consumer protection. Regulations are considered one of the most powerful tools in EU legislation as they have immediate legal effect and are directly applicable in all member states.
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When do law and justice not coincide?
Law and justice do not coincide when the law is unjust or when it is not applied fairly. In some cases, the law may be discriminatory or biased, leading to unjust outcomes. Additionally, there may be instances where the law is not enforced equally, resulting in disparities in how justice is served. When these discrepancies occur, law and justice do not align, and individuals may not receive the fair treatment and protection they are entitled to under the law.
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International Law : Our Common Future
International Law: Our Common Future offers a dynamic approach to the study of international law that actively engages students in ways that more traditional textbooks do not.One way this is achieved is by focusing on recent events, including international terrorism, extraordinary rendition, the legality of drone strikes, environmental devastation, and human rights.Another is by having students wrestle with actual court rulings rather than being given short summaries of these decisions.These cases, which are from a wide array of international, regional, and domestic tribunals, are followed by a series of provocative and challenging questions and prompts that will naturally lead to classroom discussion and debate.The book recognizes the importance of visual media in terms of student learning.In addition to photographs of individuals and events that feature prominently in the development of international law, each chapter has sections entitled "International Law at the Movies" which highlight feature films and documentaries that explore the topic at hand.What students will quickly come to realize is that international law is not a distant and abstract entity, but rather, is intimately connected to various aspects of their daily lives.The book shows some of the remarkable changes in international law, most notably the declining importance of the role of the state.As a final point, the book is written in an engaging, almost conversational, style that is accessible to students in a wide array of academic disciplines.FEATURES OF THIS INNOVATIVE TEXT This book is specifically designed to appeal to student interest, to promote active learning, and to integrate carefully edited court cases with explanatory text.Here are just a few of the features devoted to achieving these goals: Boxed text highlighting current events “International Law at the Movies” boxes Photos illustrating key moments and figures in international law Cases carefully edited and set off from the main text Notes and Comments following court case excerpts References for each chapter divided into key types of sources including Books and Articles, Reports, Agreements, and Cases (international, regional, and domestic tribunals) Glossary of key terms putting terms in context with events Filmography Table of Cases with links to original sourcesA NOTE ABOUT THE COVER ART Title: “María, inside since April 14, 2014” Artist: Ben BetsalelThe cover image is from a prison project in Colombia, "Human Beings Inside and Outside," done in collaboration with the International Committee of the Red Cross (ICRC).
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Historical Foundations of the Common Law
This book is directed at the central difficulty in legal history: one is not reconstructing earlier answers to modern questions, but earlier questions; and they were different in kind.Today we see law as a system of substantive rules which can be explained in textbooks, altered by legislation, and embodied in a restatement or a code.It is somehow separate from society and needs separate adjustment; and there is a simple relationship between legal and other change.If this had always been so, legal and social and economic history would all be easy.They are not. Such a vision comes late in legal developments, and the common law reached that stage only in quite recent times.But ever since an early stage fortune has preserved copious original materials; and we can hope to trace not just the changing arrangements of one society, but the stages through which at least one legal system has passed, the changing ways in which the law itself has been seen.The underlying questions have always been beyond discussion in any practical context.How far are right and wrong man's business rather than God's?How and upon what terms are the resources of creation to be appropriated to individuals?But answers are at any one time assumed, and determine what smaller questions arise as daily business for those concerned with the legal process.It is to the changing nature of those practical questions that this book seeks to reduce the development of each of the main branches of the law.
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Vanishing Contract Law : Common Law in the Age of Contracts
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point.The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years.Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control.This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts.It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny.An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
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Vanishing Contract Law : Common Law in the Age of Contracts
English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point.The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years.Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control.This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts.It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny.An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.
Price: 29.99 £ | Shipping*: 0.00 £
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Is it common to marry early or to marry according to Islamic law?
In many Islamic cultures, it is common for individuals to marry early, often in their late teens or early twenties. This is in line with the teachings of Islam, which encourage marriage as a means of fulfilling one's religious and social responsibilities. Islamic law also allows for early marriage, provided that both parties are willing and able to consent to the marriage. However, it is important to note that cultural practices and interpretations of Islamic teachings can vary, so the prevalence of early marriage may differ from one community to another.
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Is there a difference between law and justice?
Yes, there is a difference between law and justice. Law refers to the system of rules and regulations that are enforced by a governing authority, while justice refers to the concept of fairness and moral rightness in the application of the law. While the law provides a framework for regulating behavior and resolving disputes, justice is concerned with ensuring that individuals are treated fairly and equitably within the legal system. In some cases, the law may not always result in a just outcome, leading to a distinction between the two concepts.
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Who is responsible for legislation in the field of asylum law?
In most countries, the responsibility for legislation in the field of asylum law lies with the national government. This typically involves the legislative branch of government, such as the parliament or congress, which is responsible for drafting, debating, and passing laws related to asylum and refugee protection. Additionally, government agencies and departments, such as the ministry of interior or immigration, may also play a role in proposing and implementing asylum laws and regulations. International organizations, such as the United Nations and the European Union, may also have a role in shaping asylum legislation through treaties, conventions, and directives that member states are expected to adhere to.
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"Equality before, but justice first?"
"Equality before, but justice first" suggests that while equality is important, it should not come at the expense of justice. This phrase emphasizes the need to address systemic injustices and inequalities in order to achieve true equality. It implies that simply treating everyone the same does not necessarily address the underlying issues of discrimination and oppression. Instead, it calls for prioritizing justice in order to create a more equitable society for all.
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