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Vergleichsweise menschlich? : Ambulante Sanktionen als Alternative zur Freiheitsentziehung aus europäischer Perspektive = Comparatively human?: Outpatient sanctions as an alternative to imprisonment from a European perspective
Ambulatory sanctions are often seen as a humane alternative to deprivation of liberty. The nature of intervention, the perspective of those affected and the expansion of the network of social control are overlooked. The transfer of sanction practices between legal cultures requires minimum human rights standards. In addition, there are no control group studies and, in particular, no comparison with non-intervention. Instead of naively transferring a (supposed) "best practice" it is recommended to shift the focus from "nothing works" to an examination of the possibility that "nothing works".
Tort Law of the European Community
This publication deals with the European dimension of tort law. It provides a critical analysis of the acquis communautaire, asking if and to what extent the provisions and case law in the field of tort law are based on a conclusive system and are in accord with the national legal systems. It thus evaluates whether the acquis communautaire form the beginning of a comprehensive and coherent EC tort law or if the single directives and regulations are contradictory and lack a general concept that is yet to be found.
Third-Party Liability of Classification Societies : A Comparative Perspective
Classification societies are charged with the technical supervision of maritime shipping to enhance the safety of life and property at sea by securing high te- nical standards of design, manufacture, construction and maintenance of seagoing vessels. Each and every shipping catastrophe caused by a technical defect reminds the maritime world of the central importance of the vessel’s proper technical supervision. Correspondingly, the liability of classification societies has become a particularly discussed issue over the past years. Their contractual liability is usually limited by general terms and conditions incorporated in the classification rules and cases brought by typical contracting partners of classification societies, such as ship owners and ship yards, are not an issue in the current debate. H- ever, one can note a substantial worldwide increase of actions brought by parties who are not in privity with classification societies. This study focuses on third-party liability of classification societies. It ori- nates in an expert opinion on selected issues relating to third-party liability which the authors compiled for the German classification society Germanischer Lloyd AG. Driven by the highly interesting legal issues and unexplored shores in this area of law
The oxford handbook of comparative law
The Handbook contains forty two chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field
The Governance of Insurance Undertakings : Corporate Law and Insurance Regulation
Brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.
The Future of the Law of the Sea : Bridging Gaps Between National, Individual and Common Interests
It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.
The common law
Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court.
Sustainability objectives in competition and intellectual property law
Focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society.Sustainability has gained prominence in competition law in all jurisdictions covered in this volume.
Studies in Global Animal Law
Contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level.
Same-Sex Families and Legal Recognition in Europe
This book focuses on family diversity from a legal, demographical and sociological perspective. It investigates what is at stake in the life of homosexuals in the field of family formation, parenting and parenthood, what it brings to everyday life, the support of the law, and what its absence implies.
Revolution and evolution in private law
The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law’s most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Rethinking Nordic Courts
This book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture.
Religious offences in common law Asia : Colonial legacies, constitutional rights and contemporary practice
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences.
Religious Education in Public Schools : Study of Comparative Law
This publication is a compilation of studies on religious instruction in state schools. It describes the diversity between states and analyzes the legislative basis of religious instruction in various countries. Whereas in some countries, religious instruction in state schools is optional or compulsory with the possibility to opt out, in other countries religious instruction is banned from state schools.The comparative analyses in this book will be of great value to researchers in educational research and to educational policymakers.
Protecting the rights of people with autism in the fields of education and employment : International, European and national perspectives
Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27).
International Documents on Environmental Liability
This book in the field of international environmental liability into an easily accessible, practical handbook; details the work of the International Law Commission on this topic; and provides the latest versions of international liability conventions and their statuses
International Actors and the Formation of Laws
This book addresses the discourse that creates, modifies, and reshapes the law, as well as discourse participants. The book focuses on the actors operating in legal regimes and their subtly, bluntly, or even outright aggressive impact on the formation of laws. As the book examines the intersection of domestic, European, international, and even transnational, legal regimes where new law emerges as a product of this discourse, it contributes to the understanding of the mobility of law and contemporary law’s interactive nature. This book provides enlightening examples of diverse legal fields influenced by international, non-domestic actors. It covers a wide range of relevant topics, from financial sanctions to the rights of indigenous peoples, and addresses actors ranging from the European Union and the European Court of Human Rights to disability organizations. By exploring actors, the book stresses their objectives and driving forces behind their efforts to influence law. The book reveals an array of diverging methods used by international actors to influence law. Additionally, the book resonates with Nordic legal tradition and highlights Nordic commitment to rule of law and equality.
Intellectual Property in the Global Trading System : EU-China Perspective
Having explored multifaceted issues of IPR enforcement, this book argues that IPR enforcement problem is not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are common inevitable consequences of inadequate economic development and a by-product of a unique set of socioeconomic crises deriving from the development of a dysfunctional institutional regime. By examining areas of compatibilities between European and Chinese cultures and analysing painful lessons from the US-China negotiations over IPR protection.
Insurance distribution directive : A legal analysis
This book of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).
Fundamentals of roman private law
Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD.
