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Damages for Violations of Human Rights
  • Language: en
  • Pages: 488

Damages for Violations of Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2015-10-20
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  • Publisher: Springer

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eas...

Blasphemy and Freedom of Expression
  • Language: en
  • Pages: 771

Blasphemy and Freedom of Expression

  • Categories: Law

This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

The Normative Order of the Internet
  • Language: en
  • Pages: 385

The Normative Order of the Internet

  • Categories: Law

There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and th...

Governance of Automated Decision-Making and EU Law
  • Language: en
  • Pages: 335

Governance of Automated Decision-Making and EU Law

  • Categories: Law

Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision...

Universals of Legal Reasoning by Judges
  • Language: en
  • Pages: 241

Universals of Legal Reasoning by Judges

  • Categories: Law

How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.

Families and New Media
  • Language: en
  • Pages: 277

Families and New Media

  • Categories: Law

The open access edited volume addresses children’s rights and their ability to act in the digital world. The focus is on the position of children as subjects with their own rights and developing capacities. Their consideration by parents, courts and legislators is critically examined. Aspects of digital parenting, especially educational practices and strategies in the context of social media, are analyzed with regard to the tension between protection and participation of children. The edited volume brings debates on privacy and data protection together with those from tort, family and intellectual property law, while also examining the role of families and children in the regulation of data and digital economies, especially online platforms. Legal reflections from Germany, Israel, Portugal and the United States of America are complemented by perspectives from media studies, political science, educational science and sociology of law.

Comparative Privacy and Defamation
  • Language: en
  • Pages: 481

Comparative Privacy and Defamation

  • Categories: Law

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.

Proportionality and Judicial Activism
  • Language: en
  • Pages: 261

Proportionality and Judicial Activism

  • Categories: Law

This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

The Algorithmic Distribution of News
  • Language: en
  • Pages: 317

The Algorithmic Distribution of News

This volume explores how governments, policymakers and newsrooms have responded to the algorithmic distribution of the news. Contributors analyse the ongoing battle between platforms and publishers, evaluate recent attempts to manage these tensions through policy reform and consider whether algorithms can be regulated to promote media diversity and stop misinformation and hate speech. Chapter authors also interview journalists and find out how their work is changing due to the growing importance of algorithmic systems. Drawing together an international group of scholars, the book takes a truly global perspective offering case studies from Switzerland, Germany, Kenya, New Zealand, Canada, Australia, and China. The collection also provides a series of critical analyses of recent policy developments in the European Union and Australia, which aim to provide a more secure revenue base for news media organisations. A valuable resource for journalism and policy scholars and students, Governing the Algorithmic Distribution of News is an important guide for anyone hoping to understand the central regulatory issues surrounding the online distribution of news.

Introduction to German Law
  • Language: en
  • Pages: 762

Introduction to German Law

  • Categories: Law

It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and of globalization, as well as the greatly increased activity of the German legislature in every area addressed in this volume. With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the le...