According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases.
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review.
Rarely in the short history of liberal-democratic government has a primer on basic liberal-democratic values and institutions been more needed than now.
This book offers an international breadth of historical and theoretical insights into recent efforts to "e;decolonise"e; legal education across the world.
Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "e;new originalist"e; interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting.
This book comprehensively discusses the main features of the Chinese patent law system, which not only legally 'transplants' international treaties into the Chinese context, but also maintains China's legal culture and promotes domestic economic growth.
Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence , portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited.
The concept of human dignity is already embedded in the constitutional architecture of the European Union and throughout the world, but it remains a slippery and elusive concept.
En el marco de los treinta años de la publicación en castellano de la segunda edición de la Teoría pura del derecho y de los setenta y cinco años de la primera publicación en alemán de dicha obra, del profesor austriaco Hans Kelsen, el Programa de Derecho de la Facultad de Relaciones Internacionales y Ciencias Jurídicas y Políticas de la Universidad de Bogotá Jorge Tadeo Lozano, celebró, en octubre de 2009, el Congreso Académico Internacional Hans Kelsen: una Teoría Pura del Derecho, del cual se originó el libro que lleva el mismo nombre.
This book is an antecedent study on the task facing China's legal science, more strictly speaking - China's legal philosophy, in post-Cold War world structure.
This book discusses in a Chinese context the criminal policy and legislation related to embezzlement and bribery, which are considered major problems of global significance in both theory and practice, and in so doing to demonstrate the progress made by the Chinese government over the last 30 years with regard to preventing these crimes.
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies.
Based on the Judicial Transparency Index Assessment (2019 and 2020) conducted in China by the Institute of Law of the Chinese Academy of Social Sciences, this book summarizes and analyzes the current situation of judicial openness in China, using a sample of 218 courts across the country for the study.
This book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context.
For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries - Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia - selected for their innovative or influential approach to design or design protection.
This book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context.
This book uses the monographic study of litigation subjects, prosecution, trial, and enforcement to reveal the formation, operation, and development of criminal proceeding conventions in the Tang Dynasty.
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University.
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between "e;fact"e; and "e;evidence"e; in judicial process.
This book is centered around the major issues relating to criminal law in Thailand and aims to offer a detailed and systematic overview of the Thai criminal justice system.
This book explores the development of mental health systems in the Pacific Island Countries (PICs) of Samoa and Tonga through an examination of several policy transfer events from the colonial to the contemporary.
This book focuses on the reality of China's modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges.
This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions.
For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries - Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia - selected for their innovative or influential approach to design or design protection.
This book explores the development of mental health systems in the Pacific Island Countries (PICs) of Samoa and Tonga through an examination of several policy transfer events from the colonial to the contemporary.