Rettsvitenskap

Artificial intelligence (AI) has been fast growing since its evolution and experiments with various new add-on features; human efficiency is one among those and the most controversial topic.

Religion as Securitization in Central and Eastern Europe examines the significance of securitization theory as a reference point in understanding current religious, socio-cultural, and political processes in Central and Eastern Europe.

The Unmaking of Crime documents the pathways of offenders reforming their journey and desisting from crime, and assesses the opportunities and limitations of the criminal justice system in aiding this process.

Utilising 70 original interviews from rural and urban area Canadian parents, the book provides an overview of research on 'digital parenting' and illuminates the modern parental experience of managing children's access to internet-connected technologies.

Illustrates new and sophisticated properties of cartels in case studies that can support developing new collusive theories and practice. This book assists in understanding new cartel mechanisms and their effects, detecting cartels, distinguishing collusion from competition, and measuring harm.

This new volume addresses issues that forensic pathologists face when confronted by the suspected or demonstrated presence of drugs or toxins in their cases.

This book examines the operation of the rule of law in the non-liberal democracy of Singapore.Singapore has been both lambasted for being procedural and statist. 21st-Century Singapore has experienced modest political liberalisation, manifesting a paternal democracy where the governor-governed relationship is evolving, from a 'father knows best' paternalistic mindset to a more consultative approach to governance, where dialogue rather than diktat is the norm in a post-deferential era. The Singapore case study helps pluralise the rule of law as a universal principle which moderates power, and may be variously implemented. The book examines the reception of the rule of law within the Singapore legal order, and how it interacts with constitutional principles like the separation of powers and democracy in the design of constitutional institutions and forging of structural and rights-oriented judicial review. It considers how the rule of law, contoured by legal communitarianism, sustains a managed democracy in relation to legislation governing internal security, public assemblies, religious harmony and online falsehoods. It interrogates whether the chilling of political speech by strict laws on political defamation and contempt of court has been significantly defrosted by important developments which seek ordered liberty through a more calibrated form of review.Lucid and engaging, this book will be of interest to researchers working in constitutional law.

Fabian Colonial Essays (1945) brings together a host of leading thinkers to discuss different aspects of colonialism. It examines socialism and imperialism, colonial development, economics and colonialism, social services amongst other issues, all through the lens of 1940s British progressive politics.

Dual Legacies in the Contemporary Caribbean (1986) is a comparative and systematic study of the legacies bequeathed by British and French colonial rule in the Caribbean. These essays offer provocative insights and report intriguing parallels between the British and French experiences in the region.

In Borderlines in Private Law, leading academics and senior judges consider the borders of tort, equity, unjust enrichment, and property law, examining where they might intersect. It includes advice on how to structure, order, and understand English private law in real-world disputes making it essential reading for both practitioners and scholars.

The book presents an evolutionary view of Nepal's constitutional system, grounded in the country's historico-political context. In particular, the analysis focuses on three aspects. First, the book investigates Nepal's processes of state formation and nation-building, centred on the institution of the Shah monarchy, Hinduism, and the Nepali language vis-à-vis Nepal's high degree of socio-cultural diversity. Second, it explores the difficulties in democratising Nepal's constitutional arrangements and entrenching the doctrine of popular sovereignty. This is reflected in the tensions between hereditary political power (the Shah monarchy and the Rana Prime Ministers) and representative political forces (political parties). Constitutionally, these tensions have resulted in the marginalisation of the legislature vis-à-vis the executive throughout the country's history, notwithstanding the fact that Nepal has always featured a parliamentary form of government. Lastly, the frequent changes in Nepal's fundamental law also reflect the profound influences of various foreign institutional models (in particular that of a 'modified' Westminster model) and their specific re-negotiation in the Nepali context, regardless of the fact that Nepal was never colonised.

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the "Promise of Legality".

This book considers whether Parliament recognises a constitutional right to property.Parliament is supreme: in theory, there is nothing to stop it from passing laws to confiscate property. Nevertheless, MPs often argue that a proposed law would be unconstitutional. What does this mean in a system without a written constitution? What counts as a sound argument about constitutional rights? And what influence do constitutional arguments have on the legislative process?The book takes a close look at these questions. It reviews legislation and debates from the Middle Ages through to more recent legislation, and covers a wide range of topics, such as land reform, nationalisation, taxation, regulatory laws and retrospection. It also looks at the most recent debates and considers the relevance of constitutional thinking to election manifestos of the main political parties.

Authors Beheshti, Saintier, and Thomas maintain the brilliance of late Professor Bradgate's comprehensive text and provide students with an equally erudite guide, presenting the complexity of modern commercial law with clarity and contextual links to practice.

This book offers the first comprehensive legal study dedicated to the understanding of the Danish EU opt-outs. The impact of these are significant, falling as they do within Union citizenship, the euro, defense cooperation and the Area of Freedom, Security and Justice. Through a re-examination of the opt-outs individually, collectively and temporally, the book sheds light on their legal design and their interplay between international law, EU law and national law. This pioneering book takes a legal-doctrinal approach, which provides readers with a solid understanding of the opt-outs. Academics, judges and European Union civil servants will find this invaluable.

This book assesses the role of the clerks, advisors and expert witnesses and other important actors on the 'judicial periphery' who play an important role and often determine the pace, outcome, and tone of the judicial process.In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked.This book explores the particularly complex relationship which exists between litigation and other court staff. Their knowledge and expertise may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, the principal focus of the book is on expert witnesses and how they are appointed, managed, and remunerated across Europe and the world.Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a decisive impact on the effectiveness and quality of the judicial process.The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

This book brings together leading experts in the fields of insurance and the law of obligations to consider how insurance law is attempting to deal with emerging risks. Emerging risks pose significant challenges for the insurance industry. Apart from difficulties in quantifying such risks, the availability of insurance capacity is often a concern. The book looks at these issues from philosophical, economic, and actuarial perspectives. It asks how far existing private law rules can cope with emerging risks, and in so far as they cannot, how the law should be developed by courts and lawmakers to deal with the emerging legal issues. The book questions the suitability of the current insurance business models in insuring climate-related risks, autonomous systems, insurance of fines and penalties; and how mass or systemic risks (eg pandemics or cyber risks) can be made insurable through 'add on' coverages to the conventional insurance policies. It also evaluates governments' roles to encourage insurers to provide cover for such risks and discusses how a balance can be struck between the need to regulate and the insurance markets' dynamics. The book will be of academic interest to anyone working in the field of insurance and also relevant for market participants, policy-makers and regulators.

Die Steuerbefreiung nach § 13a ErbStG stellt ein zentrales Element des Erbschaft- und Schenkungsteuergesetzes dar. Auch Anteile an Kapitalgesellschaften fallen grundsätzlich in den Anwendungsbereich dieser Norm. Der Autor beschäftigt sich in dieser Publikation daher eingehend mit der Möglichkeit des sogenannten Poolings von Kapitalgesellschaftsanteilen, das zur Erfüllung der Begünstigungsvoraussetzungen dienen kann. Ausgehend von der Gesetzessystematik stellt der Autor dabei zunächst dar, welchen Regelungszweck der Gesetzgeber bei Schaffung der Norm verfolgte. Im weiteren Verlauf setzt sich der Autor mit der geltenden Ausgestaltung der Pooling-Norm auseinander, erarbeitet Reformvorschläge und prüft nach Darstellung der verfassungsrechtlichen Grundlagen zudem, ob es sich bei der Pooling-Norm um eine verfassungskonforme Regelung handelt. Abschließend prüft der Autor, ob das Modell des Poolings auf andere Mindestbeteiligungsgrenzen übertragen werden könnte.

Die vorliegende Arbeit widmet sich der aktuellen Fragestellung, wie ethische Prinzipien rechtlich normiert werden können. Die Institution des Klosters bietet dafür einen aufschlussreichen Untersuchungsgegenstand, da Mönche innerhalb eines Klosters nach klar definierten Werten in einer Gemeinschaft leben. Das Kloster, als historisch gewachsene Institution, hat seinen Ursprung im Osten und wurde im Laufe der Zeit im Westen übernommen. Eine Schlüsselfigur dieses wichtigen Kulturtransfers ist Johannes Cassian. Seine Spiritualität, Gebetspraxis und Ethik haben die Herausbildung und Entwicklung des Klosters im Abendland entscheidend mitgeprägt. Dieser Einfluss spiegelt sich auch bei Benedikt von Nursia, der sich bei der Ausarbeitung seiner berühmten "Regula Benedicti" für das Kloster Montecassino auch von Johannes Cassian hat inspirieren lassen. Das benediktinische Kloster gewann beträchtliche Anziehungskraft und strahlte nach aussen, so dass es als Modell für andere Institutionen diente. Einzelne Prinzipien der "Regula Benedicti" finden sich auch im modernen Verfassungsrecht.

CWA-shortlisted author Simon Farquhar reveals the stories behind some of Britain's most extraordinary (yet somehow forgotten) murders

United States Supreme Court decisions have interested me since my twenties. My primary interest has been in the cases decided by split votes. If the nine Court justices voted 9 or 8–0 (sometimes a justice’s seat was vacant or a justice did not vote), or even 7 or 8–1, I have generally given such cases little thought, assuming that those decisions were probably reasonable.  That assumption was based on the fact that given the different backgrounds, training and philosophies (think Democrats v. Republicans) of the justices, when they all, or almost all, agree on a case, they probably reached a fair decision. Of course, there have been bad unanimous Supreme Court decisions, depending on whom you ask, but they seem to have been few over the years. Conversely, when I see a 5–4 decision, as in the Second Amendment case of District of Columbia v. Heller, 554 U.S. 570 (2008) (Heller), the subject of this book, I tend to take notice.The 5–4 (or the occasional 4–3) decisions bring up questions of why there would be such a split vote. Given that all the justices are said to be accomplished attorneys, and that they all have presumably read and heard the same facts and law of a case, why did their conclusions differ? It should be so simple. The justices should just read the law, absorb the facts, listen to the oral arguments, and make the right decision.That, of course, isn’t life, given laws and facts are often imprecise, if not in dispute, and that humans, with all our differences, are involved in the analysis and voting.This brings me to the raison d’etre of this work: the 5–4 vote of the consequential 2008 Supreme Court Heller decision. That decision found in the Second Amendment an individual right to arms for self-defense in the home, unconnected with the militia. Prior to that decision, no Supreme Court decision had ever found an individual right to arms in the Amendment.I examined the decision and researched, with others helping, Colonial and founding-era documents, firearms laws and related material surrounding that decision. That examination and research culminated in this book showing why the Heller decision was not supported by the facts presented in its Opinion.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included.

Title 40 presents regulations governing care of the environment. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed.