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Comparative Law in Eastern and Central Europe
Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of t...
Proceedings of the 8th International Conference on Human Rights
The material contained in this publication is the outcome of the 8th International Conference on Human Rights "Right to Knowledge and Information in Heterogenic Society", organized by the Faculty of Law and Administration in the University of Warmia and Mazury in Olsztyn (Poland), in cooperation with the Faculty of Law in the University of Bari (Italy), which took place on 30-31 May 2008 in Olsztyn. The selection of issues in no respect can be called accidental. The summit of the European Council in Lisbon in March 2000 created foundations for creating society based on knowledge that is conscious in gaining information and equal access to knowledge. Individual actions of countries should aim...
Judicial Cosmopolitanism
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
European Perspectives on the Common European Sales Law
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.
European Legal Cultures in Transition
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.
Handbook of Blockchain Law
Blockchain has become attractive to companies and governments because it promises to solve the age-old problem of mutability in transactions - that is, it makes falsification and recalculation impossible once a transaction has been committed to the technology. However, the perceived complexity of implementing Blockchain calls for an in-depth overview of its key features and functionalities, specifically in a legal context. The systematic and comprehensive approach set forth in this indispensable book, including coverage of existing relevant law in various jurisdictions and practical guidance on how to tackle legal issues raised by the use of Blockchain, ensures a one-stop-shop reference book...
Russia and the European Court of Human Rights
A critical examination of the effect of the European Court of Human Rights on Russia's approach to human rights.
Comparative Law in Eastern and Central Europe
Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of t...
轉型正義與族群課題的他山之石
一個民主國家絕對不能對過去的不公視而不見。 若是忽視，那我們又跟專權國家有何差別？ 過去的專制像是一道高牆，隔絕了人民的心聲，只為既得利益者效勞。轉型正義，則是橋樑，要透過真相將歷史帶入現在、用過去的政策批判現今所遭受的歧視處境；所以，轉型並非切割、而是連結，透過真相引導政府接受自己的責任，並經過公共的爭辯來理解。 轉型正義的目標就是要伸張正義，才有可能進一步談社會和解； 相對地，如果社會不能和解，民主的實踐將淪於投票主義。 轉型正義不僅是民主化的課題，更是民族認同的...
