Elements of Law Considered with Reference to Principles of General Jurisprudence
Author | : Sir William Markby |
Publisher | : |
Total Pages | : 472 |
Release | : 1905 |
Genre | : Jurisprudence |
ISBN | : |
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Author | : Sir William Markby |
Publisher | : |
Total Pages | : 472 |
Release | : 1905 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Sir William Markby |
Publisher | : |
Total Pages | : 480 |
Release | : 1896 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Laura Pineschi |
Publisher | : Springer |
Total Pages | : 330 |
Release | : 2015-06-22 |
Genre | : Law |
ISBN | : 3319191802 |
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Author | : William Markby |
Publisher | : |
Total Pages | : 296 |
Release | : 1871 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Mads Andenas |
Publisher | : BRILL |
Total Pages | : 474 |
Release | : 2019-05-20 |
Genre | : Law |
ISBN | : 9004390936 |
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Author | : Sir William Markby |
Publisher | : Oxford : Claredon Press |
Total Pages | : 460 |
Release | : 1905 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Hugh Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 262 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0199685398 |
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author | : Jerome Hall |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 656 |
Release | : 2010 |
Genre | : Criminal law |
ISBN | : 1584774983 |
"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
Author | : Sir William Markby |
Publisher | : |
Total Pages | : 443 |
Release | : 1892 |
Genre | : Jurisprudence |
ISBN | : |