Suchergebnisse

This book deals with speech acts, especially performatives, that are regarded as 'operative' in legal discourse. After a detailed exposition of speech act theory in relation to legislative texts, the author discusses the legal document as a communicative act; potential speech acts and delegated legislation; wills, the marriage ceremony and statutes as reversible performatives; and the distinction between the deictic function of this and the anaphoric function of that in legal documents. The final chapter is concerned with another text type, case reports, and addresses the question whether the judge makes or merely declares the law. This is discussed from the point of view of certain syntactic structures, in particular modal verbs.

Cover -- Table of Contents -- Letter from the General Editor -- Acknowledgments -- Introduction -- A Note on the Text -- Notes to the Introduction -- EPISTLE ON LEGAL THEORY -- Chapter on the Modalities of Legislative Statements -- Chapter on the First Kind of Legislative Statement -- Chapter on the Second Kind of Legislative Statement -- Chapter on the Third Kind of Legislative Statement -- Chapter on the Fourth Kind of Legislative Statement -- Chapter on the Fifth Kind of Legislative Statement -- Chapter Explaining What Is Revealed in the Book as Unrestricted, and Intended as Unrestricted, but Also Partly Restricted -- Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Combines the Unrestricted and the Restricted -- Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Is Intended in Its Entirety as Restricted -- Chapter on the Category of Statements in Which Context Indicates the Meaning -- The Category in Which the Wording Indicates the True Meaning Rather Than the Apparent Meaning -- Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted -- Explanation of God's Imposition in His Book of the Obligation to Follow the Practice of His Prophet -- The Obligation from God to Obey the Prophet, Paired with Obedience to God and Mentioned Separately -- Chapter on God's Command to Obey God's Emissary -- Chapter on God's Statement to His Creation Concerning Having Obliged His Emissary to Follow What Was Revealed to Him -- The Evidence He Gave Concerning His Emissary's Following What He Was Commanded to Do, His Emissary's Being Guided, and His Emissary's Guidance of Those Who Follow Him -- The Beginning of Abrogation

This book tracks and critiques the impact of the internet in Africa. It explores the legal policy implications of, and legal responses to, the internet in matters straddling human rights, development, trade, criminal law, intellectual property and social justice from the perspective of several African countries and the region. Well-known and emerging African scholars consider whether access to the internet is a human right, the implications on the right to privacy, e-commerce, cybercrime, the opportunities and dangers of admitting electronic evidence, the balancing of freedom of expression with the protection of intellectual property and how different African legal systems address this tension. This book will be an invaluable resource for a wide range of stakeholders, including researchers, scholars and postgraduate students; policymakers and legislators; lawyers and judicial officers; crime-fighting agencies; national human rights institutions; civil society organisations; international and regional organisations; and human rights monitoring bodies.

Recent research on how contact with the criminal justice system shapes racial perceptions in the United States has shown that incarceration increases the likelihood that people are racially classified by others as black, and decreases the likelihood that they are classified as white. We extend this work, using longitudinal data with information on whether respondents have been arrested, convicted, or incarcerated, and details about their most recent arrest. This allows us to ask whether any contact with the criminal justice system triggers racialization, or only certain types of contact. Additional racial categories allow us to explore the racialization of crime beyond the black-white divide. Results indicate even one arrest significantly increases the odds of subsequently being classified as black, and decreases the odds of being classified as white or Asian. This implies a broader impact of increased policing and mass incarceration on racialization and stereotyping, with consequences for social interactions, political attitudes, and research on inequality. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]

"Ecological integrity is concerned with protecting the planet ina holistic way, while respecting ethics and human rights. Over recent years it has been introduced directly and indirectly in several legal regimes, culminating in international law with the 2016 expanded remit of the International Criminal Court, which now includes "environmental disasters". This book celebrates the 25th anniversary of the Global Ecological Integrity Group (GEIG), which includes more than 250 scholars and independent researchers worldwide, from diverse disciplines, including ecology, biology, philosophy, epidemiology, public health, ecological economics, and international law. It reviews the role of ecological integrity across a number of fields through inter- and trans-disciplinary engagement on matters affecting and governing the sustainability of life for both present and future generations. These include, ethics, environmental disasters, crimes against humanity and environmental health, and how such issues can be subject to sound governance and be incorporated into international law. The book also looks forward to new applications of the concept of ecological integrity, such as crimes that result in the exploitation of natural resources and the illegal dispossession? of land."--Provided by publisher.

Frontmatter -- Contents -- Introduction -- Chapter One: What Is Doctrine? -- Chapter Two: Frames and Framing -- Chapter Three: Baselines -- Chapter Four: The Legal Distinction -- Chapter Five: Rules and Standards -- Chapter Six: Resolving Regime Conflicts -- Chapter Seven: Interpretation -- Chapter Eight: Cluster Logic -- Coda: The Topics of Doctrine -- Acknowledgments -- Notes -- Index

As currency crises revealed the limitations of pegging a country's currency to another country's currency through currency boards, the focus of the monetary community turned to dollarization and euroization. De jure dollarization/euroization is the unilateral adoption of the dollar/euro as sole legal tender in lieu of the prior domestic currency through a formal political decision, thereby irreversibly giving up the chance to influence money supply and exchange rates through national monetary and political authorities. After showing the origins of unilateral euroization, I will list the costs and benefits of currency replacement and identify which countries could most probably benefit from euroization. In the second part, I will explain why European Union (EU) institutions – in contrast to US policy makers with respect to dollarization – oppose the unilateral adoption of the euro. Then, I will describe the official route for euroization envisaged by the EU and finally focus the discussion on whether EU institutions can legally prevent unilateral euroization under European or international law and whether the involved states have any other rights or obligations under customary international law. Furthermore, I will show the implications of the current financial crisis for future trends of euroization.

Legal techniques were initially developed as a kind of repeater of the legislator's will into the language of law with the help of special skill in legal design. Historically, the theory of legal technique was formed in stages with state reforms, social transformations and active work on systematizing legislation having significant impact on it. At the present stage, legal technique resources are legislated in some CIS and European countries, and the status of legal technique is firmly entrenched in legal theory and practice in continental law countries as well as common law. Complications from modern legal life in society and the need to optimize legal activity drive the search for new ways to improve the legal technology field. The uniqueness of legal technology is that it links all types of legal activity into a single production process, standardizes its potentially separate segments and introduces sound stability into legal processes. This makes it possible to improve effectiveness indicators for consolidating legislative priorities and implementing them in practice, in order to ensure the national interests of the state. Combining the potential of legal technology and legal technique provides legal activity a systematic and constructive validity for legal transformations, hinders the expansion of legal errors, optimizes the stages of legislative activity, systematizes the actions and operations that are being implemented, and ultimately ensures high indicators for legal development and the achievement of the state's constructive tasks.

"Addenda.--May, 1838": p. [529]-536; "Addenda.--January, 1840": p. [537]-540. ; "Treatises on the law of patents": p. [xi]-xii. ; Mode of access: Internet.