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Engaging the Law in China

Engaging the Law in China
Author:
Publisher: Stanford University Press
Total Pages: 252
Release: 2005-02-04
Genre: History
ISBN: 0804779287

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This book explores legal mobilization, culture, and institutions in contemporary China from a perspective informed by 'law and society' scholarship.


The Law of Possibilities

The Law of Possibilities
Author: Anne Mette Rosting
Publisher: SAGE Publishing India
Total Pages: 231
Release: 2018-02-19
Genre: Business & Economics
ISBN: 9352805747

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An inspirational book that presents steps to change our views about our life.


Codification of Maritime Law

Codification of Maritime Law
Author: Zuzanna Pepłowska-Dąbrowska
Publisher: Taylor & Francis
Total Pages: 345
Release: 2019-11-21
Genre: Law
ISBN: 1000737004

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This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states’ maritime administrations worldwide.


Nudging - Possibilities, Limitations and Applications in European Law and Economics

Nudging - Possibilities, Limitations and Applications in European Law and Economics
Author: Klaus Mathis
Publisher: Springer
Total Pages: 391
Release: 2016-05-20
Genre: Law
ISBN: 3319295624

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This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.


Just Silences

Just Silences
Author: Marianne Constable
Publisher: Princeton University Press
Total Pages: 224
Release: 2009-01-10
Genre: Law
ISBN: 1400826926

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Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.


Infinite Possibilities (10th Anniversary)

Infinite Possibilities (10th Anniversary)
Author: Mike Dooley
Publisher: Simon and Schuster
Total Pages: 308
Release: 2009-09-08
Genre: Body, Mind & Spirit
ISBN: 1439121478

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Infinite Possibilities is the masterwork from teacher, author, and featured speaker Mike Dooley. As the next step beyond his immensely popular Notes from the Universe trilogy, and his follow up, Choose them Wisely, this book contains even more enriching wisdom for living an abundant, joyous life. Mike Dooley knows that we create our own reality, our own fate, and our own luck. We’re beings filled with infinite possibility—just ready to explore how powerful we truly are. Manifesting the magnificence of our dreams isn’t about hard work, but rather about belief and expectation. These principles transcend belief, realizing the truth about our human nature. Your dreams are not accidental, nor inconsequential. And if someone were tell the truth about life, reality, and the powers we all possessed, would it be recognized? Our lives are full of adventures—and not exactly the sky-diving, mountain-climbing variety—but something better. Readers will laugh, applaud, and be inspired by Mike Dooley’s wit and wisdom.


Imagining New Legalities

Imagining New Legalities
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 223
Release: 2012-03-14
Genre: Law
ISBN: 0804781575

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Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.


Personalized Law

Personalized Law
Author: Omri Ben-Shahar
Publisher: Oxford University Press
Total Pages: 257
Release: 2021-05-17
Genre: Law
ISBN: 0197522831

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We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.


Queering International Law

Queering International Law
Author: Dianne Otto
Publisher: Routledge
Total Pages: 493
Release: 2017-07-14
Genre: Law
ISBN: 1351971131

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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.


Perils and Possibilities

Perils and Possibilities
Author: Byron M. Sheldrick
Publisher: Halifax, N.S. : Fernwood
Total Pages: 0
Release: 2004
Genre: Dissenters
ISBN: 9781552661260

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The legal system is presented as a political resource in this examination of how Canadian, American, and British law can be used by social justice activists to negotiate with and leverage the power of lawyers, courts, tribunals, and commissions of inquiry. The opportunities and dangers that the law presents the activist community are covered in detail, with discussions of the contradictions behind personal rights discourse and the importance of administrative boards. Strategic, practical, and tactical questions are addressed to facilitate understanding and encourage activists to carefully navigate the contradictions inherent in laws.