Conceptions Contemporaines Du Droit PDF Download

Author: Paul Trappe
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 724

View

Book Description

Author:
Publisher:
ISBN:
Category : Information storage and retrieval systems
Languages : en
Pages : 1172

View

Book Description

Author: Jean-Louis Cohen
Publisher: Princeton University Press
ISBN: 1400825032
Category : Political Science
Languages : en
Pages : 303

View

Book Description
The regulation of intimate relationships has been a key battleground in the culture wars of the past three decades. In this bold and innovative book, Jean Cohen presents a new approach to regulating intimacy that promises to defuse the tensions that have long sparked conflict among legislators, jurists, activists, and scholars. Disputes have typically arisen over questions that apparently set the demands of personal autonomy, justice, and responsibility against each other. Can law stay out of the bedroom without shielding oppression and abuse? Can we protect the pursuit of personal happiness while requiring people to behave responsibly toward others? Can regulation acknowledge a variety of intimate relationships without privileging any? Must regulating intimacy involve a clash between privacy and equality? Cohen argues that these questions have been impossible to resolve because most legislators, activists, and scholars have drawn on an anachronistic conception of privacy, one founded on the idea that privacy involves secrecy and entails a sphere free from legal regulation. In response, Cohen draws on Habermas and other European thinkers to present a robust "constructivist" defense of privacy, one based on the idea that norms and rights are legally constructed. Cohen roots her arguments in debates over three particularly contentious issues: reproductive rights, sexual orientation, and sexual harassment. She shows how a new legal framework, "reflexive law," allows us to build on constructivist insights to approach these debates free from the liberal and welfarist paradigms that usually structure our legal thought. This new legal paradigm finally allows us to dissolve the tensions among autonomy, equality, and community that have beset us. A synthesis of feminist theory, political theory, constitutional jurisprudence, and cutting-edge research in the sociology of law, this powerful work will reshape not only legal and political debates, but how we think about the intimate relationships at the core of our own lives. .

Author: Georg Nolte
Publisher: Cambridge University Press
ISBN: 9781139446907
Category : Law
Languages : en
Pages : 336

View

Book Description
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

Author: B. S. Markesinis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 270

View

Book Description
The right of privacy in the UK is a topic of much controversy between the media and the upholders of such a right. The Human Rights Act is likely to have a considerable impact on UK privacy law, introducing in the UK some of the principles which have long been in force in other European states as a result of the European Convention of Human Rights. The essays in this book examine the experiences of other countries, with similar political, economic and social situations, many of which provide better protection than the UK in cases of invasion of privacy.

Author: Jeffrey Rosen
Publisher: Vintage
ISBN: 0307766608
Category : Political Science
Languages : en
Pages : 298

View

Book Description
As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.

Author: Robert Post
Publisher: Harvard University Press
ISBN: 9780674165458
Category : Law
Languages : en
Pages : 484

View

Book Description
In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.

Author: James Q. Whitman
Publisher: Oxford University Press
ISBN: 0198035314
Category : Social Science
Languages : en
Pages : 322

View

Book Description
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

Author: Jean-Auguste-Dominique Ingres
Publisher: Metropolitan Museum of Art
ISBN: 0870998919
Category : Drawing, French
Languages : en
Pages : 610

View

Book Description
Om portrætter af den franske maler Jean Auguste Dominique Ingres (1780-1867)

Author: Government of Brandenburg
Publisher: Good Press
ISBN:
Category : History
Languages : en
Pages : 57

View

Book Description
The Constitution (Landtag) of Brandenburg is the unicameral legislature of the state of Brandenburg in Germany. Its 88 Members of Parliament are usually elected every 5 years. It is responsible for deciding on state laws, controlling the state government and public administration, deciding on the budget and electing its presidium, state constitutional judges, the members of the state court of audit and the minister president.