Multicentrism as an Emerging Paradigm in Legal Theory

Multicentrism as an Emerging Paradigm in Legal Theory
Author: Marek Zirk-Sadowski
Publisher: Peter Lang
Total Pages: 316
Release: 2009
Genre: Law
ISBN: 9783631595633

The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.

Interpretation of Law in the Global World: From Particularism to a Universal Approach

Interpretation of Law in the Global World: From Particularism to a Universal Approach
Author: Joanna Jemielniak
Publisher: Springer Science & Business Media
Total Pages: 378
Release: 2010-04-08
Genre: Law
ISBN: 3642048862

Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.

Language and Legal Interpretation in International Law

Language and Legal Interpretation in International Law
Author: Anne Lise Kjaer
Publisher: Oxford University Press
Total Pages: 361
Release: 2022
Genre: Language Arts & Disciplines
ISBN: 0190855207

Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.

Experimental Ethics

Experimental Ethics
Author: Ewa Nowak
Publisher: LIT Verlag Münster
Total Pages: 169
Release: 2013
Genre: Philosophy
ISBN: 3643903758

Facing otherness in everyday interpersonal relations, making decisions within demanding contexts, living with the plenitude of values - all of these experiences permanently challenge one's moral cognition. Neither a single moral agent nor ethics itself can pretend omniscience when dealing with complex, real world situations. In this book, author Ewa Nowak presents her own research findings to account for the experimental nature of ethics. Nowak questions a popular conviction that declaring values and following norms is a sufficient condition to be moral. She applies Georg Lind's dual-aspect theory of morality to all sorts of spectacular contexts. (Series: Development in Humanities - Vol. 6)

The Jurisdiction of the International Criminal Court

The Jurisdiction of the International Criminal Court
Author: Victor Tsilonis
Publisher: Springer Nature
Total Pages: 292
Release: 2019-11-23
Genre: Law
ISBN: 3030215261

The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.

The Utopian Human Right to Science and Culture

The Utopian Human Right to Science and Culture
Author: Anna Maria Andersen Nawrot
Publisher: Routledge
Total Pages: 232
Release: 2016-03-03
Genre: Literary Criticism
ISBN: 1317012704

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity, based on the assumption of ’thinking in terms of excendence’. The book brings a novel and critical approach to human rights in general and to the human right to science and culture in particular. It offers a new way of thinking about access to knowledge in the postanalogue, postmodern society. Inspired by twentieth-century critical theorists such as Levinas, Gadamer, Bauman and Habermas, the book begins by using excendence as a way of thinking about the individual, speech and text. It considers paradigms arising from postanalogue society, revealing the neglected normative content of the human right to science and culture and proposes a morality, dignity and solidarity situated in a postmodern context. Finally the book concludes by responding to questions on happiness, dignity and that which is social. Including an Annex which presents the author’s private project related to thinking in the context of the journey from ’myth to reason’, this book is of interest to researchers in the fields of philosophy and the theory of law, human rights, intellectual property and social theory.

Towards Recognition of Minority Groups

Towards Recognition of Minority Groups
Author: Marek Zirk-Sadowski
Publisher: Routledge
Total Pages: 295
Release: 2016-02-24
Genre: Law
ISBN: 1317008898

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.

The Effectiveness of the Köbler Liability in National Courts

The Effectiveness of the Köbler Liability in National Courts
Author: Zsófia Varga
Publisher: Bloomsbury Publishing
Total Pages: 307
Release: 2020-10-15
Genre: Law
ISBN: 1509939210

Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.

National Courts and EU Law

National Courts and EU Law
Author: Bruno de Witte
Publisher: Edward Elgar Publishing
Total Pages: 280
Release: 2016-06-24
Genre: Law
ISBN: 1783479906

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.