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Equality in Law: Portugal
Equality in law between men and women in the European Community is an integral part of the EC's social policy and crucial to its economic and social cohesion.This encyclopaedia analyzes the legal framework for equal opportunities in Portugal which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay and social security, and to the work of the European Court of Justice in this area.It looks at how the EC Directives have been implemented and interpreted in each Member State, and at the other legislative and constitutional provisions affecting the principle of equality.All the principal legal provisions are reproduced or translated.Extracts from or digests of national case law are also included.Each volume in the series is structured so that Member States's provisions on equality can be directly compared.
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Avizandum Legislation on International Private Law
International private law had become increasingly legislation based and subject to European and global regulation.It is essential for students to have ready access to the statutes and other core materials.This volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise.It includes UK and Scottish statutes and statutory instruments, EU materials and International Conventions.New material includes the European Union (Withdrawal) Act 2018, as amended by the 2020 Act, and the 2019 Hague Convention, and covers prospective amendments relating to jurisdiction and family law consequent to the UK's exit from the EU.Amended provisions are reproduced in parallel with the current law.
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Democracy, Governance, and Law
Issues related to democratic ideals and realities are very much at the forefront of many public discussions today.These questions move societies in many contexts and with respect to multiple institutions, not least among which are law, government, and the interconnections between them. This volume of Sociology of Crime, Law and Deviance is devoted to the theme of Democracy, Governance, and Law.It brings together scholars to debate sociological, socio-legal, and related insights from the social and behavioral sciences concerned with important contemporary questions on democracy, and its role for matters of governance and law.With each chapter focusing on a specific topic such as abortion, the rule of law, criminal legal systems, electoral politics, white terror, challenges to democracy, and more, the collection is theoretically and methodologically diverse, covering a broad range of issues to address important questions on governance and law, and in relation to the idea and reality of democracy. Democracy, Governance, and Law makes a timely contribution, bringing together authors from various disciplines and specializations.
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EU Law and Governance
What is the EU for? In light of the current state of European integration, EU law cannot meaningfully be appreciated without understanding the political, social and cultural context within which it operates.This textbook proposes a fresh, accessible and interdisciplinary take on the subject that is suitable for one-semester and introductory courses wishing to engage the reader with the wider context of the EU project.It situates the institutions, legal order and central policy domains of the EU in their context and offer students the tools to critically analyse and reflect on European integration and its consequences.With pedagogical features such as further reading, class questions and essay/exams questions to support learning, this textbook enables students to form their own informed opinion on whether the EU offers an appropriate answer to the many questions that it is asked.
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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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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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Web3 Governance : Law and Policy
Focusing on four key aspects of Web3, the book explores metaverses, data governance, public and private law interfaces, and access to justice, presenting new research on the impact of data analytics on transactions within law, on regulatory activities and on the practice of law. AI and data analytics have played a key role in the development of Web3, transforming the governance of existing digital platforms and enabling the formation of new platforms.Web3 is increasingly used for commercial and social interactions and is predicted to be the future of the internet.As a blockchain-based web, Web3 provides a platform for cryptocurrencies, NFTs, decentralized autonomous organisations, and decentralized finance.Web3 users can read, write, and even own their own version of the web which has transformed the space for commerce and social interaction, but brings inherent risks.This book identifies the principles in law and policy which can be used as the basis for the development of Web3 activities and their regulation with a focus on security, scalability, and sustainability.Though digital platforms and underlying technologies have reshaped our daily lives and business practices, they have also caused numerous legal problems.The book considers the interaction of data analytics with well-established fields of study such as financial law, tax law, intellectual property, data protection, private international law and internet law. Addressing the current knowledge gap in the legal literature on Web3 including blockchain, AI and data governance in commercial and social activities, it develops new baseline frameworks which will form the foundation for new research into data governance, FinTech and RegTech, as well as social and market infrastructure and will be essential reading for scholars in law, business studies, economics, public administration and regulation.
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Justice in Private Law
This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses.It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’.The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare.Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
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Medical Malpractice Legislation : Reforms in Civil Law Systems
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises.Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules.Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent.Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars.It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms.The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy.It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines.In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages.Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases.The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency.It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary.It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.
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The Images of the Consumer in EU Law : Legislation, Free Movement and Competition Law
This book consists of contributions exploring from different perspectives the ‘images’ of the consumer in EU law.The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection.The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law’s engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals.The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law.They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy.The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU’s legislative and judicial process.
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Do many people not believe in justice and the law?
Many people do believe in justice and the law, as these concepts are fundamental to the functioning of society. However, there are also individuals who may not have faith in the justice system due to personal experiences, systemic inequalities, or a lack of trust in the authorities. Additionally, there are instances where the law may be perceived as unjust or biased, leading to skepticism and disbelief in its ability to deliver true justice. Overall, while many people do believe in justice and the law, there are also those who may question or doubt its effectiveness.
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Who is responsible for legislation in residence law, the federal government or the state?
In the United States, legislation in residence law is primarily the responsibility of the state government. Each state has its own laws and regulations governing residency requirements, landlord-tenant relationships, and property rights. While the federal government may enact laws that impact residence law, such as fair housing regulations, the majority of legislation in this area is determined at the state level.
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What is the market law, customs law, and coinage law?
Market law refers to the regulations and rules governing the operation of markets, including issues such as trading practices, competition, and consumer protection. Customs law refers to the regulations and procedures governing the import and export of goods, including tariffs, duties, and trade agreements. Coinage law refers to the regulations and standards governing the production and circulation of currency, including issues such as minting, counterfeiting, and legal tender. These laws are important for maintaining order and fairness in economic activities and trade.
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Who is responsible for legislation in the residence law, the federal government or the state?
In Germany, legislation in the residence law is the responsibility of the federal government. The federal government has the authority to pass laws and regulations related to residence permits, asylum, and immigration. However, the states also have some responsibilities in implementing and enforcing these laws within their respective territories. This division of responsibilities between the federal government and the states is known as federalism and is a key feature of the German political system.
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