Suchergebnisse

Part I. Setting the Scene -- Chapter 1. The Research Project on the Principles of BRICS Commercial Contracts Law. An Introduction (Mauro Bussani) -- Chapter 2. Commercial Contract Law in the BRICS: A Comparative Overview (Marta Infantino) -- Part II. Questions and Answers in the Framework of National Jurisdictions -- Chapter 3. The Questionnaire for the Drafting of the National Reports (Jacques Du Plessis) -- Chapter 4. Brazilian Report (Umberto Celli Jr.) -- Chapter 5. Russian Report (Aleksander Komarov) -- Chapter 6. Indian Report (Nilima Bhadbhade) -- Chapter 7. Chinese Report (Lihong Zhang) -- Chapter 8. South African Report (Jacques Du Plessis) -- Part III. On the Way to the Principles of Brics Commercial Contracts Law -- Chapter 9. The Possible Path towards the Principles of BRICS Commercial Contracts Law – A Comparative Analysis of the National Reports (Salvatore Mancuso).

This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said's assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be "modernizing" Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naïve to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.

This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said's assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be "modernizing" Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naïve to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.

As the main tool for the achievement of the proper functioning of the internal market, the Union is focused on the process of harmonization. The role of harmonization in the EU's internal market is to remove barriers to trade and to facilitate free movement of goods, persons, services, and capital (as well as payment). This can be achieved in many ways, including through the adoption of harmonization, i.e., approximation measures, such as directives and regulations. The established CJEU case law confirms that the aim of harmonization measures is to 'reduce disparities between legal systems.' This aim's realization very often depends upon the form of the chosen harmonization measure and the level of harmonization the measure is based on (e.g., minimum, maximum, full (targeted) harmonization). However, today, we are faced with changes in the regulatory approach of the EU legislator and these changes are greatly affecting the process of harmonization. Due to the increased level of harmonization, EU directives are starting to appear and function more like EU regulations, and vice versa. Because of numerous optional clauses, clauses of minimal harmonization, and the so- called 'opening clauses', EU regulations are not reducing but enabling 'disparities between legal systems.' As an example, authors are analyzing the EU's General Data Protection Regulation (GDPR) containing more than 69 opening clauses, which play an important role in the process of harmonization and present an instrument of interplay between EU law and Member States' laws. Therefore, it remains to be answered within the lines of this paper whether the role of opening clauses is in compliance with the aim of harmonization in the EU law.

Minding previous steps taken / Brook Thomas -- Who wouldn't want to be a person? : histories of the present in law and literature / Caleb Smith -- From charisma to routinization and beyond : speculations on the future of the study of law and literature / Austin Sarat -- There's no such thing as interpreting a text / Martin Jay Stone -- Retrospective prophecies : legal narrative constructions / Peter Brooks -- Law's affective thickets / Ravit Reichman -- Paranoia, feminism, law : reflections on the possibilities for queer legal studies / Janet Halley -- Proof and probability : law, imagination, and the forms of things unknown / Lorna Hutson -- Law, literature, and history : the love triangle / Bernadette Meyler -- Pictures as precedents : the visual turn and the status of figures in judgments / Peter Goodrich -- Law as performance : historical interpretation, objects, lexicons, and other methodological problems / Julie Stome Peters -- Globalizing law and literature / Elizabeth S. Anker -- Ornament and law / Anne Anlin Cheng -- The flowers are vexed : gender justice, black literature, and the passionate utterance / Imani Perry -- Genocide by other means : US federal Indian law and violence against Native women in Louise Erdrich's The Round House / Eric Cheyfitz and Shari M. Huhndorf -- Pluralism, religion, and democratic culture : Nadeem Aslam's Maps for Lost Lovers / Elliott Visconsi -- Regulatory fictions : on marriage and countermarriage / Elizabeth F. Emens -- Legal and literary fictions / Simon Stern -- Copyright and intellectual property / Paul K. Saint-Amour -- Replicant being : law and strange life in the age of biotechnology / Priscilla Wald -- Weak reparation : law and literature networked / Wai Chee Dimock

The Treaty of the Functioning of the European Union (TFEU) does not define the core elements of Article 102. Rather, their meaning has been elucidated through case law. Until recently, it could comfortably be argued that the law of Article 102 had not developed much since the early judgments in Continental Can, Commercial Solvents, United Brands, Hoffmann-La Roche and Michelin I. This can no longer be said to be the case, and the importance of studying competition law and pricing mechanisms has been reinforced by the latest string of pricing cases.

Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? This book addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform

This volume of Studies in law, politics and society brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapters include: child abduction during the military dictatorship in Argentina; a novel approach to empirical research on legal framing from the University of California, Berkeley; the role of silence in law and film from Israel; a chapter from Sweden on the use of video in the court of appeal; and finally two chapters on the supreme court in the USA, one looking at influences through social capital on supreme court decision makers and the second looking at the self-perception and public perception of the supreme court.