Showing papers on "Sources of law published in 1993"

Relative Normativity in International Law

Abstract: This chapter demonstrates that relative normativity of international law appearing within the theory correlates with such relative normativity to be found on the basis of other theories of law. It focuses on the coexistence of different theories gives rise to a further relativization of the normativity of international legal norms. Colloquial languages, upon which the technical language of international law is based, constitute universal communication systems. A problem inherent in the 'constitution' of international law is that of the hierarchical structure of the legal order. Legal positivism would only be able to maintain its approach if it were possible to draw unambiguous legal propositions from this factual substratum. Legal positivism identifies law with legal propositions, that is the wording of positive rules, which corne about as the product of a legislative or other law-creating process.

Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Abstract: The book makes a fresh appraisal of the main principles of constitutional law, seeking to stimulate renewed debate about the fundamentals of British constitutionalism. Rejecting a purely fromal concept of the rule of law, Allan argues that public law should more fully and openly reflect the principles of liberty and justice which constitute the underlying point and substance of the rule of law. The connection between law and justice is ultimately secured by the primary role of the individual conscience in making judgements about what the law requires. And just as no court is ever an infallible arbiter of legal obligation - the individual may sometimes have to stand by his own conscientious reading of the law - Parliament cannot be accorded unqualified authority to change the law. The sovreignty of Parliament is necessarily limited by residual principles of leberal constitutionalism; any other view would contradict the rule of law. Standard comparisons between written and unwritten constitutions, and traditional accounts of the separarion of powers, ovscure more than they reveal. The interpretation and application of statutes must always be a matter of judicial deliberation and judgement, just as the application of government policies and administrative orders is ultimately subject to the requirements of justice in particular cases.

The Legal Reasoning of the European Court of Justice: Towards a European Jurisprudence

Abstract: Part 1 European Community law and legal theory: institutional legal positivism legal norms and sources of law judicial decision making and social action approaches to judicial decision making. Part 2 Legal justification and the European Court of Justice: on legal justification justification in clear cases justification in hard cases.

Religion and international law

Abstract: Preface C.G. Weeramantry. Introduction M.W. Janis. Notes on the Authors. 1. Religion and the Sources of International Law in Antiquity D.J. Bederman. 2. The Confucian View of World Order F. Tse-shyang Chen. 3. International Law in Ancient Hindu India V.P. Nanda. 4. The Influence of Judaism on the Development of International Law: An Assessment S. Rosenne. 5. A Survey of Islamic International Law G.M. Badr. 6. Francisco Suarez on The Law of Nations J.P. Doyle. 7. Religion and the Literature of International Law: Some Standard Texts M.W. Janis. 8. Images of Religion in International Legal Theory D. Kennedy. 9. The Functions of Religion in the International Legal System J.A.R. Nafziger. 10. Natural Law, Religion and the Development of International Law H. McCoubrey. 11. Protestants, Progress, and Peace: Enthusiasm for an International Court in Early Nineteenth-Century America M.W. Janis. 12. American Versions of the International Law of Christendom: Kent, Wheaton and the Grotian Tradition M.W. Janis. 13. Christianity and Theories of International Law in Nineteenth-Century Britain J.E. Noyes. 14. Spiritual Energy and Secular Power W. W. Park. 15. Losing Faith in the Secular: Law, Religion, and the Culture of International Governance D. Kennedy. 16. The Global Resurgence of Religion, International Law and International Society S. Thomas. 17. British Quakers, the Peace Tax and International Law N. Grief. 18. Islamic Fundamentalism and its Impact on International Law and Politics M.H.A. Reisman. 19. Religious Freedoms in European Human Rights Law: The Search for a Guiding Conception C. Evans. 20. The Challenges of Human Rights Law for Religious Traditions H. Charlesworth. 21. Universal Rights Talk/Plurality of Voices: A Philosophical-Theological Hearing M. Ritter. 22. Looking for a Global Ethic? Try International Law W.P. George. Index

Law and politics

Abstract: Aquinas's political and legal theory is important for three reasons. First, it reasserts the value of politics by drawing on Aristotle to argue that politics and political life are morally positive activities that are in accordance with the intention of God for man. Second, it combines traditional hierarchical and feudal views of the structure of society and politics with emerging community-oriented and incipiently egalitarian views of the proper ordering of society. Third, it develops an integrated and logically coherent theory of natural law that continues to be an important source of legal, political, and moral norms. These accomplishments have become part of the intellectual patrimony of the West, and have inspired political and legal philosophers and religious and social movements down to the present day.

European Community Law

Abstract: Part 1 Introduction: studying European Community law the evolving community. Part 2 The Community at work: the institutions of the European Community the Community and its institutions at work the sources of Community law the implementation and enforcement of Community law. Part 3 Community law and national law: the judicial review of Community action non-contractual liability and compensation for loss caused by the Community. Part 4 The law of the Single Market: economic integration and the law - an introduction the external aspects of the Customs Union the internal aspects of the Customs Union non-tarriff barriers to trade in goods the Internal Market Project - the basic outlines. Part 6 The social diversion of the European Community: the basic framework of Community social policy.

Between Civil and Religious Law: The Plight of the Agunah in American Society

Abstract: Preface The Nature of the Problem: Basic Dimensions and Contours Halachic Responses The Use of Contract Law (I): Express or Implied Promises to Execute a Get or Submit to Rabbinic Jurisdiction The Use of Contract Law (II): Conditional Releases and Support Obligations Interjurisdictional and Comparative Law Aspects of Civil Enforcement The New York Get Law: Permissible Accommodation or Unconstitutional Establishment Tort Law Theories Current Developments in Church-State Law and Their Impact on the Agunah Problem Conclusion Appendices Case Supplement Selected Bibliography Table of Cases Table of Statutes and Regulations Index

Legal interpretation in expert systems

Abstract: A legal expert system expresses as a set of formal rules the norms found in the provisions of a statute or regulation, in case law or other legal texts. The process of constructing the system involves interpreting these legal texts and recasting each of them into one or more formal legal rules. The primary sources of law or law-formulations, to use Susskind’s term [Susskind 87, 36-37, 124], must be transformed into law-statements—statements about what the content of the law is—and these in turn must be translated into a formal language as rules of inference which Susskind terms legal productions. These transformations take place outside the context of specific cases, that is without reference to concrete legal problems those rules are designed to solve. The construction of a legal expert system involves two conceptual steps: to identify the legal norms that a statute conveys and to express these norms as formal rules. Several strategies have been proposed for this transformation process. Some consist of a rather straightforward transposition of law texts into formal language at the expense of a substantial loss of meaning of the legal concepts involved; others call for a subtler and more complex legal analysis. In all cases, however, what is at stake is the interpretation of legal documents. The problem of interpreting legal documents is well known to lawyers. In legal usage, the term interpretation is employed when the meaning of a legal text, typically a statutory provision, has to be assessed in a concrete situation. In constructing expert systems, one must interpret legal documents ahead of such concrete applications. This interpretation can only be provisional. The best one can do in constructing the knowledge base is to foreclose as few as possible of the meanings for particular provisions one may ultimately want to consider in concrete situations. Conversely, when using the system in a particular situation, one may want to consider different interpretations and their

The Reception of Canon Law and Civil Law in the Common Law Courts before 1600

Abstract: English common law practitioners and judges borrowed much of the conceptual structure for their body of legal knowledge from the legal culture of continental Europe over the centuries. Their surviving writings show a marked increase in the use of Roman legal classifications in the century before 1600: public and private, criminal and civil, real and personal, property and possession, contract and delict, among other examples.1 Those who perpetuated the learning of the English royal courts in the sixteenth century had begun fitting it into a framework borrowed from the two great bodies of 'learned law' taught in the universities of Europe: civil (Roman) law and canon law. Common lawyers expressed the need for an 'institutes' of English law, a written introductory work that would survey the whole of the common law in its main classifications, comparable to Justinian's Institutes of Roman law (533 AD) and Giovanni Paolo Lancelotti's Institutes of canon law (1563). In the decades after 1600, such institutes of common law began to appear.2 This paper investigates the common lawyers' attitudes towards canon law and civil law' in the period from 1300 to 1600. How much canon law and civil law did

Mixed International Arbitration: Studies in Arbitration between States and Private Persons

Abstract: This book focuses on the process of arbitration between States and private persons. On the basis of an examination of this process, the author assesses the role of the parties, the relative importance of their interests, the sources of law and the role of the adjudicator.

European Environmental Law Casebook

Abstract: Part 1: The principles of environmental protection in Community law. Part 2: Community law and national law. Part 3: Sectors of Community environmental policy. Part 4: Procedural aspects.

An International Law Miscellany

Abstract: BRILL Phone (NL) +31 (0)71-53 53 500 Phone (US) +1-617-263-2323 Email: marketing@brill.com This collection of 29 essays by Shabtai Rosenne commences with a reproduction of his monograph The Time Factor in the Jurisdiction of the International Court, first published in 1960. A postcript has been added drawing attention to significant developments since. The remaining essays are devided into five parts, as follows: The International Court of Justice and International Litigation; The Law of Treaties and the Sources of Law; The Law of the Sea; Jewish and Israeli Matters; and In Memoriam. Some of these essays, notably those on Jewish and Israeli Matters, were originally written in Hebrew and have been especially translated for this volume. All the materials have been updated since their original publication.

Introduction to the Legal System

Abstract: An overall understanding of the legal system is important for placing in context the system’s specific impact on the mental health professional. This chapter introduces the legal system, beginning with a brief history of its development. The chapter sets forth the sources of law in the United States and describes the federal and state court systems. We explain the mechanics of filing a lawsuit, including the rights of the parties. The chapter concludes with a description of the legal system of citation, with examples which should facilitate the reader’s use and understanding of legal references.

Commercial and consumer law : national and international dimensions

Abstract: Part 1 Harmonization, unification, and internationalization: reflections on the harmonization of commercial law, Roy Goode developing transnationsl harmonization procedures for the 21st century, Louis del Duca the UN Convention of the International Sale of Goods - its influence on national sales and contract law, Jan Hellner the UN Convention for the International Sale of Goods, a note on exemption from liability for failure to perform, Pedro F. Silva-Ruiz some developments in Japan's transnational law, Dan Ferno Henderson recognition of security interest in mobile equipment - an international approach, Ronald C.C. Cuming national interests and rules on jurisdiction - the partisan attitude of English courts viewed from the Continent, MichaelJoachim Bonell. Part 2 Changing law: commercial law - times of change and expansion, Donald B. King evolution and present state of the Ocean Bill of Lading from a banking law perspective, Boris Kozolchyk negative pledge lending - dead or alive?, David E. Allan the desuetude of negotiable instruments, a Mexican note, Miguel Acosta Romero. Part 3 Law, economics and society: what can the economic analysis of law teach commercial and consumer law scholars?, Jacob S. Ziegel commercial law and commercial activity, Ross Cranston law and political change - land use by foreigners in Socialist countries of the Third World, Mary E. Hiscock. Part 4 The transformation to a market economy: the conversion of a Socialist economic system to a market economy - legal implications, U. Drobnig revival of commercial law in Poland, Jerzy Rajski revival of commercial law in Hungary, George Baracs legal and social impacts of Argentine new economic policy. Part 5 Product liability and consumer protection: Austria's legislation of product safety, Heinrich Mayrhofer the implementation of the EEC Directive on Products Liability - the German statute as an example of some problems, Wolfgang Freiherr von Marschall liability of suppliers of services in the European Community - the Draft Council Directive, ThierryBourgoignie the new Honduran consumer protection legislation, Laureano F. Gutierrez Falla.

Building and land management law for students

Abstract: Table of statutes table of cases the nature of law settlement of disputes central and local government business organizations the law of contract special contracts - building contracts employment law the law of tort health and safety land law planning law highways building regulations