Suchergebnisse

This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China

The article deals with the issue of the conflicts of laws in international private law. It has been found out that each state has its own legal regulation of the relations which leads to conflicts of material norms of various states and complicates legal regulation of international relationships. The law of the states has many differences in regulation of various relations which provides for application of a connecting factor as one of the ways to solve the problem. It has been proved that international private law has a significant role in regulation of relations with a foreign element. As for international private law which norms are formed independently by each state, compliance with treaty obligations as well as rules and principles of international law by each state is significant to each state. At the same time, codification of international private law is the main way for systematization and legislative implementation of conflict of laws, material and procedural provisions designated for regulation of private relations with foreign element. Qualification of legal definitions which are applied in formulation of the rule of the conflict of laws is a burning issue as well. It has been established that the procedure for qualification in international private law should identify the model of relations and consists of three stages which are: interpretation of the rule; analysis of relations; comparison of the rule and relations. It has been clarified that the situation of a mobile conflict and the issue of acceptance or failure to accept remission and remission to the law of the third state relate to the issue regarding application of the rule of the conflict of laws in international private law. We think that the first priority task is to bring national laws on international private law in compliance with modern conditions of international civil and trade turnover. For the future development it is necessary to introduce a single legislative act which will take into account all these issues and the mechanism ...

John Steer was a barrister & writer on legal issues best remembered for this detailed survey of the state of parish laws in the early 19th century. In this period the parish was the main institution of rural administration, & parishes were responsible for both ecclesiastical & civil matters. This volume, first published in 1830, contains a clear & comprehensive review of the many laws relating to the responsibilities of the parish. Organising the text according to parish institution, Steer provides a thorough description of legislation which governs all aspects of parish activities, including the parish vestry, Poor Law & church administration, & the duties of Justices of the Peace, with the legal statutes & pertinent legal cases included. This volume was published in multiple editions during the 19th century, & provides a resource for the study of contemporary life

Das Werk befasst sich mit dem noch jungen Phänomen des "Private Enforcement" von Kartellrecht, also kartellprivatrechtlicher Schadensersatzklagen. Gegenstand der Betrachtung sind neben Grundfragen des Verhältnisses von hoheitlicher und privater Rechtsdurchsetzung besonders augenfällige Konfliktfelder im Bereich des europäischen Zivilprozessrechts und kollektiver Rechtschutzinstrumentarien. Neben deren Darstellung erörtert der Tagungsband die bislang anzutreffenden Regulierungsansätze auf europäischer Ebene und innerhalb ausgewählter Mitgliedstaaten. Beachtung findet zudem die Wirkung der immer häufiger zu beobachtenden Gerichtsstandsvereinbarungen auf grenzüberschreitende Kartellprozesse. Weitere Einzelfragen wie die Problematik des Gesamtschuldnerausgleichs runden die Untersuchung ab.Mit Beiträgen von:Prof. Dr. Matthias Weller, Prof. Dr. Michael Nietsch, Prof. Dr. Burkhard Hess, Dr. Ulrich Börger, Dr. Carsten Krüger, Prof. Dr. Wolfgang Wurmnest

Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Series Preface -- Introduction -- Aquinas and the Nature of Law -- Aquinas and Natural Law -- The 'Internal View' of Law -- The Essays in this Volume -- References -- Selected Bibliography compiled by Car/ A. Yirka and Heidi E. Canner -- Part I: Introduction to Aquinas -- 1. On Reading the Summa: An Introduction to Saint Thomas Aquinas -- The disputation -- Quaestio and Articulus -- The dialectical question -- The disputative part -- The determination -- Subjects and principles -- Sacred Scripture and authority -- Ordo disciplinae -- The "Treatises" -- The First Part -- The Second Part -- The Third Part -- On coming to terms -- The teaching instrument -- Documentation -- Part II: The Problems Of Natural Law -- 2 Recent Criticism of Natural Law Theory -- Notes -- 3 The Metaphysical Presuppositions of Natural Law in Thomas Aquinas: A New Look at Some Old Questions -- Introduction -- The Role of Metaphysics -- Burnyeat on Incomprehensibility of Form in Aquinas: A Problem -- Everett J. Nelson and Synthetic Necessary Properties: A Realist Ontology -- Nomic and Accidental Universal Propositions -- Synthetic Necessary Connections in the World -- Thomas Aquinas and the Summa Theologiae -- The Human Person and the Requirements of Reason -- The Naturalistic Fallacy and a Theory of Obligation -- Thin Versus Thick Theories of Human Nature -- Finite Human Nature and the Existence of God -- Conclusion -- Part III: Law And Morality -- 4 A Question about Law -- 5 The Scholastic Theory of Moral Law in the Modem World -- 6 Aquinas's Two Pedagogies: A Reconsideration of the Relation between Law and Moral Virtue -- Aquinas's Negative Narrative,or How Law Can Curb Moral Vice -- Beyond Reform School: Law's Positive -- Universality and Particularity,Law and Liberty

Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution – and constitutions in general – were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious – and profoundly unlawful – return to dangerous pre-constitutional absolutism. ; https://scholarship.law.columbia.edu/books/1028/thumbnail.jpg