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29 produkter

Kategorier

29 produkter

Constitutionalism Justified
Rainer Forst in Discourse
AvEster Herlin-Karnell,Matthias Klattm. fl.
Inbunden, Engelska, 2019
1 611 kr
Skickas inom 5-8 vardagar
Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.
Constitutionalism Justified
Rainer Forst in Discourse
AvHA(c)ctor A. Morales ZAºA±iga,Matthias Klattm. fl.
E-bok
PDF, Engelska, 2019
1 320 kr
Läs direkt efter köp
Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst''s theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant''s critical philosophy and Habermas''s discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst''s work from three different perspectives: philosophy, legal philosophy, and constitutional theory.The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst''s right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst''s reply to his interlocutors, making the book a valuable source for future research.
Constitutionalism Justified
Rainer Forst in Discourse
AvHA(c)ctor A. Morales ZAºA±iga,Matthias Klattm. fl.
E-bok
Engelska, 2019
1 320 kr
Läs direkt efter köp
Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst''s theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant''s critical philosophy and Habermas''s discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst''s work from three different perspectives: philosophy, legal philosophy, and constitutional theory.The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst''s right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst''s reply to his interlocutors, making the book a valuable source for future research.
The Public Uses of Coercion and Force
From Constitutionalism to War
AvEster Herlin-Karnell,Enzo Rossi
Inbunden, Engelska, 2021
1 611 kr
Skickas inom 5-8 vardagar
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein's recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
Public Uses of Coercion and Force
From Constitutionalism to War
AvEnzo Rossi,Ester Herlin-Karnell
E-bok
PDF, Engelska, 2021
1 304 kr
Läs direkt efter köp
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states'' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein''s recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states'' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state''s coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
Public Uses of Coercion and Force
From Constitutionalism to War
AvEnzo Rossi,Ester Herlin-Karnell
E-bok
Engelska, 2021
1 304 kr
Läs direkt efter köp
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states'' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to the most fluid and turbulent-acts of war. The Public Uses of Coercion and Force investigates both these individual extremes and also their relationship. Using Arthur Ripstein''s recent work Kant and the Law of War as a focal point, this book explores this connection through the lens of the (just) war theory and its relationship to the law.The Public Uses of Coercion and Force asks many key questions: what, if any, are the normatively salient differences between states'' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state''s coercive reach? How could that be done while also guaranteeing a robust conception of human rights and adherence to the rule of law? With individual replies by Ripstein to chapters, this book will be of interest to students and academics of constitutional law, justice, philosophy of law, criminal law theory, and political science.
European Union as an Area of Freedom, Security and Justice
AvMaria Fletcher,Ester Herlin-Karnellm. fl.
Häftad, Engelska, 2019
678 kr
Skickas inom 10-15 vardagar
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
European Union as an Area of Freedom, Security and Justice
AvMaria Fletcher,Ester Herlin-Karnellm. fl.
Inbunden, Engelska, 2016
2 273 kr
Skickas inom 10-15 vardagar
This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
European Union as an Area of Freedom, Security and Justice
AvClaudio Matera,Ester Herlin-Karnellm. fl.
E-bok
Engelska, 2016
795 kr
Läs direkt efter köp
This book presents a collection of essays on key topics and new perspectives on the EUâ€™s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.
Europeâ€™s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.
As the AFSJ becomes more and more intertwined with â€˜mainstreamâ€™ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important â€˜metaâ€™ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.
The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
European Union as an Area of Freedom, Security and Justice
AvClaudio Matera,Ester Herlin-Karnellm. fl.
E-bok
PDF, Engelska, 2016
795 kr
Läs direkt efter köp
This book presents a collection of essays on key topics and new perspectives on the EUâ€™s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.
Europeâ€™s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.
As the AFSJ becomes more and more intertwined with â€˜mainstreamâ€™ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important â€˜metaâ€™ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.
The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
European Union Law in Context
AvEster Herlin-Karnell,Gerard Conwaym. fl.
E-bok
PDF, Engelska, 2021
498 kr
Läs direkt efter köp
This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject.The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
European Union Law in Context
AvEster Herlin-Karnell,Gerard Conwaym. fl.
E-bok
Engelska, 2021
498 kr
Läs direkt efter köp
This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject.The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
Market Manipulation and Insider Trading
Regulatory Challenges in the United States of America, the European Union and the United Kingdom
AvEster Herlin-Karnell,Nicholas Ryder
Inbunden, Engelska, 2019
1 098 kr
Skickas inom 10-15 vardagar
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.
Market Manipulation and Insider Trading
Regulatory Challenges in the United States of America, the European Union and the United Kingdom
AvEster Herlin-Karnell,Nicholas Ryder
E-bok
PDF, Engelska, 2019
491 kr
Läs direkt efter köp
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.
Market Manipulation and Insider Trading
Regulatory Challenges in the United States of America, the European Union and the United Kingdom
AvEster Herlin-Karnell,Nicholas Ryder
E-bok
Engelska, 2019
491 kr
Läs direkt efter köp
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.
Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification
AvEster Herlin-Karnell,Liora Lazarus
Inbunden, Engelska, 2019
1 227 kr
Skickas inom 10-15 vardagar
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the ‘Area of Freedom, Security and Justice’ (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to ‘re-invent itself’ beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification
AvEster Herlin-Karnell
E-bok
Engelska, 2019
583 kr
Läs direkt efter köp
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the ''Area of Freedom, Security and Justice'' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to ''re-invent itself'' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification
AvEster Herlin-Karnell
E-bok
PDF, Engelska, 2019
589 kr
Läs direkt efter köp
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the ''Area of Freedom, Security and Justice'' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to ''re-invent itself'' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
What is Wrong with Human Trafficking?
Critical Perspectives on the Law
AvRita Haverkamp,Ester Herlin-Karnellm. fl.
Inbunden, Engelska, 2019
1 227 kr
Skickas inom 10-15 vardagar
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it ‘shape’ and showing how it comes to life in the legal regulation.
What is Wrong with Human Trafficking?
Critical Perspectives on the Law
AvRita Haverkamp,Ester Herlin-Karnellm. fl.
E-bok
Engelska, 2019
589 kr
Läs direkt efter köp
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it ''shape'' and showing how it comes to life in the legal regulation.
What is Wrong with Human Trafficking?
Critical Perspectives on the Law
AvRita Haverkamp,Ester Herlin-Karnellm. fl.
E-bok
PDF, Engelska, 2019
583 kr
Läs direkt efter köp
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it ''shape'' and showing how it comes to life in the legal regulation.
What is Wrong with Human Trafficking?
Critical Perspectives on the Law
AvRita Haverkamp,Ester Herlin-Karnellm. fl.
Häftad, Engelska, 2020
546 kr
Skickas inom 10-15 vardagar
The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it ‘shape’ and showing how it comes to life in the legal regulation.
Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification
AvEster Herlin-Karnell,Liora Lazarus
Häftad, Engelska, 2020
546 kr
Skickas inom 10-15 vardagar
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the ‘Area of Freedom, Security and Justice’ (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to ‘re-invent itself’ beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Market Manipulation and Insider Trading
Regulatory Challenges in the United States of America, the European Union and the United Kingdom
AvEster Herlin-Karnell,Nicholas Ryder
Häftad, Engelska, 2021
456 kr
Skickas inom 10-15 vardagar
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.
Constitutional Dimension of European Criminal Law
AvEster Herlin-Karnell
E-bok
PDF, Engelska, 2012
1 403 kr
Läs direkt efter köp
Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court''s reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
Constitutional Dimension of European Criminal Law
AvEster Herlin-Karnell
E-bok
Engelska, 2012
1 403 kr
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Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court''s reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
Constitutional Dimension of European Criminal Law
AvEster Herlin-Karnell
Inbunden, Engelska, 2012
1 291 kr
Skickas inom 10-15 vardagar
Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.
European Union Law in Context
AvEster Herlin-Karnell,Gerard Conwaym. fl.
Häftad, Engelska, 2021
424 kr
This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject.The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
Del 2024 - Europaperspektiv
Europeiska unionens djup och storlek i en tid av ofred
AvNicholas Aylott,Ann-Christine Hartzénm. fl.
Inbunden, Svenska, 2024
248 kr
Skickas
I en tid präglad av ofred och geopolitiska spänningar står EU inför stora utmaningar. Unionen har dock visat sig motståndskraftig. När många för några år sedan befarade att flera medlemsstater skulle följa i Storbritanniens fotspår och lämna unionen står i stället en ny utvidgning av EU högt upp på dagordningen år 2024. I ljuset av denna utveckling ställs EU inför ett antal vägval som på olika sätt berör unionens djup och storlek. I denna bok ställs ett flertal centrala frågor på sin spets: Hur skönjs konturerna av ett större EU, och vilka premisser kommer att gälla för inträdet av nya medlemmar? Vilka lärdomar kan dras av Storbritanniens utträde ur EU och hur har brexit påverkat den politiska dynamiken i unionen? Innebär europeisk solidaritet ett krav på ett kollektivt försvar av EU? Hur hanteras förnyade flyktingströmmar till EU i skuggan av en hotfull omvärld? Vad ska innehållet i EU medborgarskapet vara och hur bör solidariteten mellan arbetstagare utformas? Hur utvecklas EU:s framtida arbetsmarknadsdynamik i ljuset av artificiell intelligens?

Ester Herlin-Karnell – författare

Constitutionalism Justified

Constitutionalism Justified

Constitutionalism Justified

The Public Uses of Coercion and Force

Public Uses of Coercion and Force

Public Uses of Coercion and Force

European Union as an Area of Freedom, Security and Justice

European Union as an Area of Freedom, Security and Justice

European Union as an Area of Freedom, Security and Justice

European Union as an Area of Freedom, Security and Justice

European Union Law in Context

European Union Law in Context

Market Manipulation and Insider Trading

Market Manipulation and Insider Trading

Market Manipulation and Insider Trading

Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

What is Wrong with Human Trafficking?

What is Wrong with Human Trafficking?

What is Wrong with Human Trafficking?

What is Wrong with Human Trafficking?

Constitutional Structure of Europe’s Area of ‘Freedom, Security and Justice’ and the Right to Justification

Market Manipulation and Insider Trading

Constitutional Dimension of European Criminal Law

Constitutional Dimension of European Criminal Law

Constitutional Dimension of European Criminal Law

European Union Law in Context

Europeiska unionens djup och storlek i en tid av ofred