Chinese Law and Development
In: Harvard International Law Journal, Band 62, Heft 1
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In: Harvard International Law Journal, Band 62, Heft 1
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Working paper
In: Goanta , C 2017 , ' Big Law, Big Data ' , Law and Method , vol. Special Issue Comparative Law . https://doi.org/10.5553/REM/.000029
The adoption of European norms has led to a high degree of legal and policy convergence. However, national laws remain divergent in many ways, and the assessment of discrepancies is becoming increasingly problematic because of the growing volumes of legislation. So far, comparative law has been the go-to solution for investigating similarities and differences between Member States as a result of harmonization policies. However, the vast complexity of current multilevel governance structures and their policies challenges the usefulness of classical comparative law as a method of investigation for such meta-issues. This article holds that comparative law can be considered Big Data and investigated as such. In other words, more complex and voluminous law and legal interpretations can be either coded into more quantitative observations on the basis of the premises of numerical comparative law, or, alternatively, they can be analysed with the help of new research technologies.
BASE
In: Harvard international law journal, Band 42, Heft 1, S. 47-139
ISSN: 0017-8063
In: Michigan Law Review, Band 121, Heft 353
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In: Harvard Law Review, Band 130, Heft 1, S. F1
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In: American journal of international law: AJIL, Band 108, Heft 4, S. 650-679
ISSN: 2161-7953
International law is a system; its environment is the field of international relations. Although the wordsystemis often used generically, it has a formal meaning in "general systems theory," an interdisciplinary methodology that grew out of cybernetics research in the 1970S. Since then, general systems theory has proved to be a significant heuristic in hundreds of disparate research areas. In describing international law from the viewpoint of an autopoietic system (to be defined shortly), this article intends not just to reexamine the foundations of international law but also to help litigators and negotiators make their international-law arguments sounder and more persuasive.
Reading the history of penal law is very important. To imagine the future of this law, we must study its history and fix its roots. Without going into details, we tried, with a simple language, to lighten the history of penal law. First, by presenting the main notions of penal law, its parts and the importance of devising crimes, then, by discussing the roots of this law, so that the reader can compare how this law was and what it became. In this study, we saw how the penal French law has developed, since its birth, and still developing till now. Eventhough the Jordanian legislator has been influenced by the French penal law, which had been translated in Lebanon, we find in the Jordanian penal law a double level of penalties, maximum and minimum. But we found that the Jordanian judges did not applicate the terms of law like the French ones.
BASE
In: New York University journal of international law & politics, Band 28, Heft 1-2, S. 65
ISSN: 0028-7873
In: LAW, S. (2023). 'Review of Global Counter-Terrorist Financing and Soft Law, Multi-Layered Approaches by GOLDBARSHT Doron. Edward Elgar Publishing, 2020', Volume 13.1 Asian Journal of International Law, 198.
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In: American journal of international law, Band 97, Heft 2, S. 245-281
ISSN: 0002-9300
The author argues that international criminal law assigns individual responsibility to those who deliberately or recklessly create, prolong, or inflict faminogenic conditions. After demonstrating with three case studies how famines often arise out of gross human rights violations, the author defines two degrees of famine crimes corresponding to mental states of knowledge and recklessness and locates in existing international criminal law the element of the two definitions. The article concludes with a proposal for formal codification of these crimes
World Affairs Online
In: The common core of European private law
Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike
In: American Journal of Comparative Law, Band 56, S. 331-361
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In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 20, Heft 5, S. 190-194
ISSN: 2364-7213, 2193-9519
In: GPR: Zeitschrift für das Privatrecht der Europäischen Union ; European Union private law review ; revuè de droit privé de l'Union européenne, Band 19, Heft 4, S. 157-164
ISSN: 2364-7213, 2193-9519