Multicentrism as an Emerging Paradigm in Legal Theory

Multicentrism as an Emerging Paradigm in Legal Theory
Title Multicentrism as an Emerging Paradigm in Legal Theory PDF eBook
Author Marek Zirk-Sadowski
Publisher Peter Lang
Pages 316
Release 2009
Genre Conflict of laws
ISBN 9783631595633

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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.

Language and Legal Interpretation in International Law

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

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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.

National Courts and EU Law

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

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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.

Protecting Financial Consumers in Europe

Protecting Financial Consumers in Europe
Title Protecting Financial Consumers in Europe PDF eBook
Author
Publisher BRILL
Pages 476
Release 2023-02-17
Genre Law
ISBN 9004534393

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Protecting Financial Consumers in Europe provides an authoritative account of what is state-of-the-art in the field of contracts relating to selected financial services, and the resolution of disputes arising out of such contracts by ADR bodies in Europe, both at national and EU level.

The Utopian Human Right to Science and Culture

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

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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
Title Towards Recognition of Minority Groups PDF eBook
Author Marek Zirk-Sadowski
Publisher Routledge
Pages 437
Release 2016-02-24
Genre Law
ISBN 131700888X

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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.

Diversity and Tolerance in Socio-Legal Contexts

Diversity and Tolerance in Socio-Legal Contexts
Title Diversity and Tolerance in Socio-Legal Contexts PDF eBook
Author Vijay K. Bhatia
Publisher Routledge
Pages 269
Release 2016-05-23
Genre Law
ISBN 1317149238

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Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.