Comparative Law for Spanish–English Speaking Lawyers PDF Download

Author: S.I. Strong
Publisher: Edward Elgar Publishing
ISBN: 1849807876
Category : Foreign Language Study
Languages : es
Pages : 721

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Book Description
Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.

Author: Alwin van Dijk
Publisher: Eleven International Publishing
ISBN: 9462364664
Category : Law
Languages : en
Pages : 241

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Book Description
The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

Author: Hans-W. Micklitz
Publisher: Springer
ISBN: 3319784315
Category : Law
Languages : en
Pages : 708

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Book Description
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Author: Cheryl Lawther
Publisher: Edward Elgar Publishing
ISBN: 178195531X
Category : Law
Languages : en
Pages : 567

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Book Description
Providing detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged.

Author: Jordi Ferrer Beltrán
Publisher: Springer Science & Business Media
ISBN: 9400760671
Category : Law
Languages : en
Pages : 283

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Book Description
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Author: Carlos Esplugues Mota
Publisher:
ISBN: 9781780681399
Category : Arbitration (International law)
Languages : en
Pages : 0

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Book Description
The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

Author: X.E. Kramer
Publisher: Springer Science & Business Media
ISBN: 906704816X
Category : Law
Languages : en
Pages : 381

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Book Description
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author: Sergio Serulnikov
Publisher: Duke University Press
ISBN: 0822385260
Category : History
Languages : en
Pages : 297

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Book Description
This innovative political history provides a new perspective on the enduring question of the origins and nature of the Indian revolts against the Spanish that exploded in the southern Andean highlands in the 1780s. Subverting Colonial Authority focuses on one of the main—but least studied—centers of rebel activity during the age of the Túpac Amaru revolution: the overwhelmingly indigenous Northern Potosí region of present-day Bolivia. Tracing how routine political conflict developed into large-scale violent upheaval, Sergio Serulnikov explores the changing forms of colonial domination and peasant politics in the area from the 1740s (the starting point of large political and economic transformations) through the early 1780s, when a massive insurrection of the highland communities shook the foundations of Spanish rule. Drawing on court records, government papers, personal letters, census documents, and other testimonies from Bolivian and Argentine archives, Subverting Colonial Authority addresses issues that illuminate key aspects of indigenous rebellion, European colonialism, and Andean cultural history. Serulnikov analyzes long-term patterns of social conflict rooted in local political cultures and regionally based power relations. He examines the day-to-day operations of the colonial system of justice within the rural villages as well as the sharp ideological and political strife among colonial ruling groups. Highlighting the emergence of radical modes of anticolonial thought and ethnic cooperation, he argues that Andean peasants were able to overcome entrenched tendencies toward internal dissension and fragmentation in the very process of marshaling both law and force to assert their rights and hold colonial authorities accountable. Along the way, Serulnikov shows, they not only widened the scope of their collective identities but also contradicted colonial ideas of indigenous societies as either secluded cultures or pliant objects of European rule.

Author: William Bernet
Publisher: Charles C Thomas Publisher
ISBN: 0398079455
Category : Family & Relationships
Languages : en
Pages : 264

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Book Description
Parental alienation is an important phenomenon that mental health professionals should know about and thoroughly understand, especially those who work with children, adolescents, divorced adults, and adults whose parents divorced when they were children. In this book, the authors define parental alienation as a mental condition in which a child - usually one whose parents are engaged in a high- conflict divorce - allies himself or herself strongly with one parent (the preferred parent) and rejects a relationship with the other parent (the alienated parent) without legitimate justification. This process leads to a tragic outcome when the child and the alienated parent, who previously had a loving and mutually satisfying relationship, lose the nurture and joy of that relationship for many years and perhaps for their lifetimes. We estimate that 1 percent of children and adolescents in the U.S. experience parental alienation. When the phenomenon is properly recognized, this condition is preventable and treatable in many instances. The authors of this book believe that parental alienation is not simply a minor aberration in the life of a family, but a serious mental condition. Because of the false belief that the alienated parent is a dangerous or unworthy person, the child loses one of the most important relationships in his or her life. This book contains much information about the validity, reliability, and prevalence of parental alienation. It also includes a comprehensive international bibliography regarding parental alienation with more than 600 citations. In order to bring life to the definitions and the technical writing, several short clinical vignettes have been included. These vignettes are based on actual families and real events, but have been modified to protect the privacy of both the parents and children.

Author: Shawn Graham
Publisher: Digital Press at the University of North Dakota, T
ISBN: 9781732841086
Category : Social Science
Languages : en
Pages : 160

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Book Description
Failing Gloriously and Other Essays documents Shawn Graham's odyssey through the digital humanities and digital archaeology against the backdrop of the 21st-century university. At turns hilarious, depressing, and inspiring, Graham's book presents a contemporary take on the academic memoir, but rather than celebrating the victories, he reflects on the failures and considers their impact on his intellectual and professional development. These aren't heroic tales of overcoming odds or paeans to failure as evidence for a macho willingness to take risks. They're honest lessons laced with a genuine humility that encourages us to think about making it safer for ourselves and others to fail.A foreword from Eric Kansa and an afterword by Neha Gupta engage the lessons of Failing Gloriously and consider the role of failure in digital archaeology, the humanities, and social sciences.