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Author: Eyal Benvenisti Publisher: Routledge ISBN: 0429714475 Category : Political Science Languages : en Pages : 105
Book Description
This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.
Author: Eyal Benvenisti Publisher: Routledge ISBN: 0429714475 Category : Political Science Languages : en Pages : 105
Book Description
This book examines the various methods by which Israeli law is being applied to the occupied territories and their inhabitants. It discusses the legal situation of the territories from the point of view of the positive law that is in effect there.
Author: W. Bradley Wendel Publisher: Princeton University Press ISBN: 1400836581 Category : Law Languages : en Pages : 301
Book Description
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Author: Davíd Thór Björgvinsson Publisher: Edward Elgar Publishing ISBN: 1785361872 Category : Law Languages : en Pages : 201
Book Description
What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.
Author: Paul Gragl Publisher: Oxford University Press ISBN: 0198796269 Category : Law Languages : en Pages : 417
Book Description
In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.
Author: Fiona MacMillan Publisher: BRILL ISBN: 9004472525 Category : Art Languages : en Pages : 122
Book Description
This work examines the dualistic thinking that characterizes the legal regimes governing creativity and cultural production. It reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western.
Author: Robert Schütze Publisher: Oxford University Press, USA ISBN: 0199238588 Category : Law Languages : en Pages : 428
Book Description
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
Author: Sarah Worthington Publisher: OUP Oxford ISBN: 0191018619 Category : Law Languages : en Pages : 400
Book Description
This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Author: Eyal Benvenisti
Author: Eyal Benvenisti
Author: Alf Ross
Author: W. Bradley Wendel
Author: Davíd Thór Björgvinsson
Author: Paul Gragl
Author: A. Ross
Author: Fiona MacMillan
Author: Byron H. Higgins
Author: Robert Schütze
Author: Sarah Worthington