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This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries

Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed and the alternatives that have been tried

The paper addresses to the problems of legal regulation of the digital three-dimensional model in copyright law. On the basis of judicial practice, theoretical materials and other sources the author's definition of the term "three-dimensional model" and its main features are given. Direct attention to dualistic nature of three-dimensional model, which combines aesthetic and technical characteristics. These characteristics bring digital three-dimensional model closer to legal protection as computer programs and works of visual arts. Due to the research legal nature of digital three-dimensional model, the gaps in regulation of public relations in the field of borrowing and creation three-dimensional works in copyright law are described. Also the main violation, which connected with digital three-dimensional model are revealed. The paper contains analyses of Ukrainian legislation, which regulates issues of copyright on digital three-dimensional works. It also analyses legislation of The United States of America, The United Kingdom and the European Union in this field. The research results in conclusion of necessity to distinguish three-dimensional model into separated copyright object, which helps its comprehensive protection. Also this paper has practical and theoretical significance for future research.

Industrialization is an economic activity that processes raw materials or utilizes industrial resources to produce goods that have high values or benefits to the community and include industrial services. Industrial Law regulates all industrial activities that provide protection, guarantees and benefits for industrial activities by regulating the direction of development policies and industrial empowerment in realizing the greatest prosperity for the community. The research method used in this study was normative legal research with a descriptive analysis approach. The results showed that industrial law aimed at forming a just and prosperous national economic structure through setting the direction of development policies and empowering industries in the small and medium industry, green industries, strategic industries, and the use of domestic products and international cooperation.

The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state's political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek) and formal law/civil procedure (HIR and Rbg), prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak) which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

This volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind.

More than 20 years have passed since the downfall of socialist systems. To accelerate transformation processes utmost priority was given to the recognition of property rights, an indispensable requirement for free market economies. Regulators soon came to realize that the success of transformation was conditioned on a more systematic approach towards codified civil law and business law. Numerous comparative law studies on individual Eastern European states have been undertaken, but they fail to portray the dynamic in its full scope. Studies adopting long-term perspectives and offering multi-nation comparisons are particularly rare. In March 2009, a symposium was held at the Hamburg Max Planck Institute for Comparative and International Law to address these shortcomings. In this conference volume Christa Jessel-Holst, Rainer Kulms, and Alexander Trunk assemble the contributions by international policy advisors and scholars from Eastern and South Eastern Europe (Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Poland, Romania, Russia, Serbia, Slovenia and Ukraine) assessing codification processes in classic civil law fields and company and capital market laws. In spite of comparable transformation problems, the individual processes are moving forward quite disparately, oscillating between 'old' socialist codifications, legislative projects faithful to the acquis communautaire and new codifications with a distinctly autonomous approach. Nonetheless, most transformation states are united in their effort to establish efficient court systems which can handle the acquis without being positivistic. Contributors: Jürgen Basedow, Rainer Kulms, Michel Nussbaumer, Frederique Dahan, Thomas Meyer, Alexander Komarov, Volodymyr Kossak, Jelena Perovi?, Camelia Toader, Verica Trstenjak, Christian Takoff, Tatjana Josipovi?, Meliha Povlaki?, Du?an Nikoli?, Mirko Vasiljevi?, Alexandra Makovskaya, Oleg Zaitsev, Ionu? Radule?u, Tania Bouzeva, Radu Catan?, András Kisfaludi, Krzysztof Oplustil, Arkadiusz Radwan

The concept of personhood becomes increasingly controversial in modern legal debates. The advancements in the contemporary science and technology entail the need for reconsideration of who should count as a person in law and why. Animals, cyborgs, artificial agents and the like may pose the most important challenge for the legal orders in the 21st century. The volume collects essays addressing various aspects of this challenge and provide an overview of what may become the most interesting and far-reaching dilemma for the law in the years to come

1. A legal problem : exclusion without justification -- 2. Exclusion and standard prerogatives of sovereignty -- 3. The exclusion thesis -- 4. Orders without borders : refuting the exclusion thesis -- 5. Inclusion for the sake of exclusion : the authority of immigration laws -- 6. The first burden of justification -- 7. Institutional proposal : testing the proportionality of exclusion.

AbstractImproving information literacy in law translates into developing methods for improving legal research competencies among lawyers, law students and the general public. This paper summarizes four approaches for improving legal research skills of prospective lawyers in U.S. law schools and discusses their successes and shortcomings to help assess their potential application in an international environment. These approaches include: (1) offering mandatory law school courses in legal research; (2) adding elective (or optional) credit based courses in legal research; (3) offering non-credit legal research support to law students at their point of need; and (4) testing prospective lawyers on their legal research competencies as a requirement to being licensed to practice law.

Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.