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Author: Austin Sarat Publisher: ISBN: 9781625343543 Category : Law and art Languages : en Pages : 0
Book Description
"In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Author: Austin Sarat Publisher: ISBN: 9781625343543 Category : Law and art Languages : en Pages : 0
Book Description
"In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined."--
Author: Julie Stone Peters Publisher: Oxford University Press ISBN: 0192653598 Category : Literary Criticism Languages : en Pages : 367
Book Description
Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done: it must be "seen to be done." Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, judges' chambers, marketplaces, scaffolds, and streets. It examines the legal codes, learned treatises, trial reports, lawyers' manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that, in working to distinguish law from theatrics, defined the very nature of law. In the crucial opposition between law and theatre, law stood for cool deliberation, by-the-book rules, and sovereign discipline. Theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law's realization: a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law's power, —as it still does today.
Author: Franz Schwarz Publisher: Kluwer Law International B.V. ISBN: 9403526343 Category : Law Languages : en Pages : 610
Book Description
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Author: J. M. Smits Publisher: ISBN: 9789050957144 Category : Contracts Languages : en Pages : 0
Book Description
Introduction / Daniel Haas, Geerte Hesen, Jan Smits -- Specific performance in Dutch law / Daniel Haas, Chris Jansen -- Specific performance in Belgian law / Patrick Wéry -- Specirif performance, a German perspective / Florian Faust, Wolker Wiese -- Specific implement in Scots law / Laura Masgregor -- Contractual derogation and the discretion to refuse an order for specific performance in South Africa / Gerhard Lubbe -- Specific performance in English consumer sales law / Vanessa Mak -- Certain aspects of the right of repair and replacement under EC directive 1999/44 and its implementation in Poland / Aneta Wiewiórwska-Domagalska -- Specific performance within the heirarchy of remedies in European contract law / Viola Heutger, Janwillem Oosterhuis -- Specific performance : procedural aspects in Dutch law / Anthonie W. Jongbloed -- Specific performance in summary proceedings : state of affairs according to Belgian law / Elke Swaenepoel -- The redress of a terminated contract in Belgian law / Flavie Vermander -- Enforcement of the duty to carry on negotiations :(should it be) a possibility in Europe or not? / Carlos Bollen -- Enforcement of side-letters . F. Willem Grosheide -- Specific performance : a historical perspective / Harry Dondort -- Is the system of contract remedied in the Netherlands efficient from a law and economics perspective? / Geerte Hesen, Robert Hardy -- Do economic analysis and fairness influence the right to performancs in ways contrary to one another? / Gerard de Vries.
Author: Svetozar Pejovich Publisher: Edward Elgar Publishing ISBN: 1848442904 Category : Business & Economics Languages : en Pages : 191
Book Description
Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a
Author: G. Guterman Publisher: Springer ISBN: 1137411007 Category : Political Science Languages : en Pages : 360
Book Description
How has contemporary American theatre presented so-called undocumented immigrants? Placing theatre artists and their work within a context of on-going debate, Guterman shows how theatre fills an essential role in a critical conversation by exploring the powerful ways in which legal labels affect and change us.
Author: Alexandre Genest Publisher: BRILL ISBN: 9004392106 Category : Law Languages : en Pages : 288
Book Description
In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.
Author: Scott Hempling Publisher: ISBN: 9781627222921 Category : Public utilities Languages : en Pages : 0
Book Description
Organizing a century of legal principles to help the U.S. public utility industry resolve tensions created by the current legal boundaries of legal regulation and fashion new policies for the future. Its mix of case narratives and doctrine, drawn from all legal sources, is geared to lawyers and non-lawyers, veterans and novices, practitioners and decision-makers, academics and the media--anyone seeking to use the law to serve the public interest. Topics covered include market structure, pricing, and jurisdictional issues.
Author: Antoine Masson Publisher: Springer Science & Business Media ISBN: 3642021352 Category : Law Languages : en Pages : 476
Book Description
Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.
Author: Austin Sarat
Author: Austin Sarat
Author: Julie Stone Peters
Author: Franz Schwarz
Author: J. M. Smits
Author: Larry A. DiMatteo
Author: Svetozar Pejovich
Author: G. Guterman
Author: Alexandre Genest
Author: Scott Hempling
Author: Antoine Masson