Springer Textbooks in Law – serie

This book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

This book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.

This textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book.

Ever-stronger ties between technology, entertainment and design are transforming our relationship with democratic decision-making. When we are online, or when we use digital products and services, we tend to focus more on certain factors like speed of service and user-friendliness, and to overlook the costs – both for ourselves and others. As a result, a widening gap separates our expectations of everything related to digitalization – including government – and the actual practice of democratic governance. Democratic regulators, unable to meet citizens’ demands for tangible, fast and gratifying returns, are seeing the poorest results ever recorded in terms of interest, engagement and retention, despite using the most cutting-edge technologies. This book explores various aspects of the relationship between democracy, technology and entertainment. These include, on the one hand, the role that digital technology has in strengthening our collective intelligence, nurturing empathic relations between citizens and democratic institutions, and supporting processes of political aggregation, deliberation and collaboration. On the other hand, they comprise the challenges accompanying digital technology for representation, transparency and inclusivity in democratic decision-making. The book’s main argument is that digital democratic spaces should be redesigned to narrow the gap between the expectations and outcomes of democratic decision-making. It suggests abandoning the notion of digital participatory rights as being fast and easy to enjoy. It also refutes the notion that digital democratic decision-making can only be effective when it delivers rapid and successful responses to the issues of the day, regardless of their complexity. Ultimately, the success or failure of digital democracy will depend on the ability of public regulators to design digital public spaces with a commitment to complexity, so as to make them appealing, but also effectiveat engaging citizens.

Ever-stronger ties between technology, entertainment and design are transforming our relationship with democratic decision-making. When we are online, or when we use digital products and services, we tend to focus more on certain factors like speed of service and user-friendliness, and to overlook the costs – both for ourselves and others. As a result, a widening gap separates our expectations of everything related to digitalization – including government – and the actual practice of democratic governance. Democratic regulators, unable to meet citizens’ demands for tangible, fast and gratifying returns, are seeing the poorest results ever recorded in terms of interest, engagement and retention, despite using the most cutting-edge technologies. This book explores various aspects of the relationship between democracy, technology and entertainment. These include, on the one hand, the role that digital technology has in strengthening our collective intelligence, nurturing empathic relations between citizens and democratic institutions, and supporting processes of political aggregation, deliberation and collaboration. On the other hand, they comprise the challenges accompanying digital technology for representation, transparency and inclusivity in democratic decision-making. The book’s main argument is that digital democratic spaces should be redesigned to narrow the gap between the expectations and outcomes of democratic decision-making. It suggests abandoning the notion of digital participatory rights as being fast and easy to enjoy. It also refutes the notion that digital democratic decision-making can only be effective when it delivers rapid and successful responses to the issues of the day, regardless of their complexity. Ultimately, the success or failure of digital democracy will depend on the ability of public regulators to design digital public spaces with a commitment to complexity, so as to make them appealing, but also effectiveat engaging citizens.

This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors.More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world.The textbook is intended for anyone looking for an accessible introduction to public international law and its application.

This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors.More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world.The textbook is intended for anyone looking for an accessible introduction to public international law and its application.

This book is a concise practical guide to some of the most relevant ways of thinking and doing international legal research today. It is designed to help students and early career researchers to get acquainted with the theory and practice of a selection of non-doctrinal modes of legal research that include feminist international law, critical international law and TWAIL, complemented with qualitative methods of empirical legal research. The book also encourages a meaningful dialogue with traditional doctrinal styles of legal research. The book’s most innovative aspect is its practical, learner-centred approach, which focuses on the applied learning of the modes of research presented.

This textbook describes how international development functions, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides students with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues related to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. This book is a perfect teaching vehicle as it takes a multidisciplinary and multimedia approach to addressing complex issues, legal trends and political questions into a clear, new perspective that is highly accessible to the reader.

This textbook provides clear, reliable, and comprehensive insights into key topics in comparative law and legal history. As fundamental pillars of modern legal education, comparative law and legal history play a crucial role in shaping a new generation of legal scholars and practicing lawyers who appreciate the significance of legal diversity while recognizing the shared foundations of legal systems worldwide. By integrating these two disciplines, scholars and professionals can better understand the dominant features and developmental trajectories of various legal systems, fostering a broader, more culturally informed perspective on the law. This approach enables readers to develop the analytical skills and critical standards necessary to address the complexities of an increasingly interconnected and rapidly evolving legal landscape.The book is divided into two main parts. Part I explores the foundational principles of comparative law, tracing its historical evolution and examining its relationship with other areas of legal study. It provides an extensive overview of legal comparatism from classical antiquity to the modern period, with particular attention paid to the contributions of eighteenth- and nineteenth-century thinkers who helped shape the field. Additionally, it assesses the role of comparative law in contemporary legal scholarship, lawmaking, and judicial decision-making, highlighting its methodological approaches and practical applications in both domestic and international contexts.In turn, Part II examines the historical development and defining characteristics of major legal traditions. It begins with the Roman and civil law tradition, followed by an exploration of the English common law tradition, the Islamic legal tradition, and various indigenous legal traditions. Special attention is given to legal transplantation, including a case study on the Japanese legal tradition and its interactions with Chinese and Western legal influences.By integrating comparative law and legal history, this book provides readers with the knowledge and analytical tools needed to navigate diverse legal traditions and systems, promoting a deeper understanding of historical legacies and contemporary legal challenges.

This textbook, which is aimed at students, academics and interested individuals (journalists, representatives of state or civil society institutions, NGOs), deals with institutionalized cooperation based on international organizations and addresses the law and the role of these organizations in international law and politics. This topic is highly relevant as we live in disruptive times. This makes international cooperation all the more important in overcoming the numerous challenges that the international system and mankind face.The book begins with a general section that explains the legal and theoretical bases of international organizations as pivotal institutions of cooperation between states. This is followed by a closer look at the most important global and European organizations. At the global level, the UN as the central institution of the state system with its collective security mechanisms deserves special attention. International economic organizations are also of great importance, as they legally constitute and steer the global economy. The WTO is an institution that monitors and, if necessary, enforces compliance by states with the central trade agreements GATT, GATS and TRIPS. The Bretton Woods institutions have special features that make them interesting not only because of their obvious global economic impact, but also from a legal perspective. This includes their structure and mode of operation, which is modelled after private-sector companies. At the European level, the OSCE is a remarkable organization because it is based exclusively on soft law. At the same time, it is a regional collective security organization under Chapter VIII of the UN Charter. The Council of Europe is a traditional organization dedicated to human rights and the rule of law, but it has special institutional characteristics due to its close connection to the European Court of Human Rights. NATO is the prototype of a collective defense organization and has special characteristics in terms of decision-making (unanimity), institutions and cooperation with third countries. The EU is the prototype of a supranational organization as the next higher level of intergovernmental cooperation, which is based on the partial integration of powers originally belonging to the member states.All organizations covered in this book have their own unique characteristics, and together they provide a multi-layered picture of the impact of international organizations in the international system. The book concludes with a chapter on NGOs as institutions of international civil society that play an important role in the development of global strategies and international legal standards.

The book, which systematically analyzes private international law rules contained in the Colombian legal system, contributes to the study and knowledge of this legal field, and also has a positive impact on its practical application. In addition, attention is given to the need for a special legislation that not only fits the Colombian reality and takes into consideration the evolution of private international law in Latin America. The book appeals to a worldwide audience. It enables readers to better understand how private law deals with a variety of situations in the Global South. Such situations can be linked to virtually all global phenomena, including at least two: cross-border migration and international trade. Regarding this, Colombia stands out in Latin America because, although it has traditionally been the origin of many migrants, in recent years it has also come to play an important role as a destination and transit country for migrants from different regions. In addition,Colombia’s economic growth has led it to become part of several international trade agreements, for example, with the Andean Community, Venezuela, Mexico, MERCOSUR, Chile, the Northern Triangle, which includes Guatemala, El Salvador and Honduras, and also with Canada, the European Free Trade Association (EFTA), the United States, the European Union, South Korea, Costa Rica and the Pacific Alliance, of which Chile, Colombia, Mexico and Peru are members. All this, while resulting in an increase in situations with foreign elements that must be dealt with by national authorities, makes it unavoidable to know the Colombian private international law to know the legal landscape of the region in relation to global issues that currently must be addressed worldwide. Thus, the book is of interest to students in different countries. They find in it a guide to understand the theory and dogmatics of private international law in Latin America and Colombia. The academic relevance of the book is alsoreflected in its usefulness for scholars working in private international law and comparative law. It allows for an in-depth study of the problems that underly private international law in this part of the Global South. It is structured and written in such a way that it can be used as a textbook in undergraduate and graduate courses in subjects such as comparative law, private international law, international contracts, international trade, and international movement of persons and goods.

The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges.The book provides extensive material illustrating a wide variety of transitional justice situations.  “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges.The book provides extensive material illustrating a wide variety of transitional justice situations.  “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).

This textbook analyses from an economic perspective the phenomena of public law, the constitution, the democratic and political process, federalism, NGOs, administration and state decisions. It also examines selected fields of administrative law, including finance and tax law, public economic law and environmental law. Although the book uses examples from different legal orders, it maintains a focus on continental European law, as it aims to advance the law and economics approach in Europe.

This textbook analyses from an economic perspective the phenomena of public law, the constitution, the democratic and political process, federalism, NGOs, administration and state decisions. It also examines selected fields of administrative law, including finance and tax law, public economic law and environmental law. Although the book uses examples from different legal orders, it maintains a focus on continental European law, as it aims to advance the law and economics approach in Europe.

This volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines likeinternational studies, political science, and public administration.The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.

This volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines likeinternational studies, political science, and public administration.The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.