Ius Gentium: Comparative Perspectives on Law and Justice – serie

Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.

Autonomy in the Law considers one of the most important benefits of the rule of law. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.

The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education.Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn .. Thorstensen, Ryan Webster, and Cheri Wendt-Taczak.

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases.Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare.Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other.The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.

Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm.

The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts.

National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations inpaintings, statues, drawings, tapestries, prints and books on the other.

This book analyzes emergency legislations formed in response to terrorism. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

This open access publication discusses exclusionary rules in different criminal justice systems. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States.

This open access publication discusses exclusionary rules in different criminal justice systems. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality.The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparativedoctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality.The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparativedoctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizerof transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies – the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model.

This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizerof transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies – the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model.

the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal?

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal?

Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features.The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia.

Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features.The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia.

Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies.

Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights.The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia.As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights.The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia.As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.

Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress.

Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress.