<div class="raw-html-embed"><a href="https://staempflirecht.ch/studium">JUS-Studium? Das Fachwissen von Expertinnen und Experten des Schweizer Rechts – griffbereit!</a></div>

Über uns

À propos de nous

Nachhaltigkeit

Durabilité

Open Access

Karriere

Carrière

Aboverträge Kündigen

Résiliation d’abonnement

Vertrag widerrufen

Résiliation de contrat 

Datenschutz

Protection des données

Impressum

Mentions légales

Barrierefreiheit

Accessibilité

Zahlung und Lieferung

Paiement et livraison

Libra

Was ist Libra?

C'est quoi Libra ?

Kostenlos testen

Tester gratuitement

LEXIA

LEXIA Arbeitsrecht

Was ist LEXIA?

C'est quoi LEXIA ?

LEXIA Familienrecht

Zeitschriften

Revues

recht

Pflegerecht

ZBJV

forumpoenale

ZStrR

Anwaltsrevue

Revue de l'avocat

RSAS

FamPra.ch

ASYL

Life Science Recht

BlAR

Sachbuch

Livres spécialisés

LOKI

Semaphor

Fokusthemen

Focus

Thema

Recht studieren

Arbeitsrecht

Droit du travail

Studium

Études

Familienrecht

Droit de la famille

Sozialversicherungsrecht

Droit des assurances sociales

Strafrecht

Droit pénal

Aktienrecht

Droit des sociétés anonymes

Publikationen

Publications

Literatur

Digitales Angebot

Bücher

Livres

Buchreihen

Collections

Onlinemodule LEXIA

Modules en ligne LEXIA

recht.ch

Studienliteratur

Littérature pour les études

Swisslex

Dienstleistungen

Services

Dienstleistungen für

Corporate Books

Publishing Lösungen

Aktuelles

Geschäftskunden

Professionnels

Corporate Publishing

Content solutions

Buchhandlungen

Librairies

Veranstaltungen

Événements

Presse

Dozierende

Enseignants

Studierende

Étudiants

Inserierende

Annonceurs

Newsletter

Blog

Autorinnen/Autoren

Auteurs

Unsere Schreibenden

Hilfe

Unsere Autorinnen und Autoren

Liste

Autorenlounge

Espace des auteurs

Bei uns publizieren

Publier chez nous

Open Access Policy

Verlag

Éditions

Themen

Mehr wissen

Mitarbeitende

Collaborateurs

Geschichte

Histoire

Unser Magazin

Notre magazine

Vision und Mission

Vision et mission

Partner

Partenaires

Unternehmenskultur

Culture d'entreprise

Kontakt

Contact

Shop

Schweizer Recht

Ausländisches Recht

Über unseren Shop

Neuerscheinungen

Nouveautés

Sortiment & Suche

Catalogue & Recherche

Vorankündigungen

À paraître

Nach Rechtsgebiet

Par domaine juridique

Kommentare

Commentaires

Gesamtkatalog

Catalogue complet

Fachkatalog Recht

Catalogue de droit

Academic Freedom and Authoritarianism

Global Lessons from Hungary

SpringerBriefs in Law

This book offers a profound exploration of the historical, cultural, and social dimensions of Brazil’s Indigenous peoples, with a particular focus on the Kaingang communities. Understanding these peoples is essential to interpreting Brazilian social thought, shaping national identity, promoting sustainability, and safeguarding fundamental rights.Indigenous culture (rooted in ancestral knowledge, cosmologies, and traditional ways of life) has not only shaped Brazilian society but also plays a vital role in environmental preservation and in proposing alternatives to contemporary global challenges. This book combines bibliographic and ethnographic research with the voices of Indigenous leaders, weaving narratives of memory, resistance, and identity in the face of coloniality, systemic violence, and territorial disputes.More than an academic study, this work is an invitation to listen and engage in dialogue. It amplifies Indigenous perspectives and underscores their significance in building a plural, just, and sustainable Brazil.

A Legal Critique of Indigenous Territoriality in Southern Brazil

The Right to Land as Identity

Modern Studies in European Law

Structural Principles of EU Law

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Parliamentary Democracy in Europe

A Constitutional and Comparative Analysis

The Spitzenkandidaten Procedure and the EU’s System of Government

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap. It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

Foundations and Critique

Comparative International Law

This fourth title in this innovative series establishes connections between jurisdictions which would not conventionally 'speak' to one another, on topics which would not otherwise have been discussed. Over four parts, it looks at questions of: trusts actors; trusts applications; trusts environments; and trusts futures. Chapters are co-written by two (or more) authors, to give a novel perspective on comparative trusts law. This approach allows for a rigorous, systematic exploration of the varied ways in which trusts law manifests across the Asia-Pacific region. An expert and welcome new addition to this leading book series in comparative private law.

Connections in Context

Asia-Pacific Trusts Law, Volume 4

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

This open access book provides a compelling re-examination of the European Union judiciary, encompassing the European Court of Human Rights, the Court of Justice of the European Union and constitutional courts, as explored by prominent scholars from the Spanish academic community. Organised into three substantive parts, the book explores the essential interplay between these judicial bodies, emphasising how their distinct roles, challenges and evolutions are deeply interconnected. Together, these institutions form a cohesive yet occasionally tension-filled 'community of judges' that collaborates, interacts, and sometimes diverges in shaping the legal landscape of Europe. The first part examines the institutional framework and the foundational role of the European Court of Human Rights, focusing on its influence on European legal norms and human rights protections. The second part addresses the institutional challenges faced by the Court of Justice of the European Union, including its function as a cornerstone of EU law and its interactions with other courts. The final part investigates the role of constitutional courts within EU Member States, highlighting their responses to European integration and their dynamic relationships with supranational courts. By exploring the interdependencies, mutual influences, and occasional tensions within this 'community of judges', the book reveals how these courts, in collaboration with European scholarship, collectively contribute to a broader 'community of law' that continues to shape the legal and political order of Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Community of Law and a Community of Judges

The European Judiciary

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Oxford Commentaries on International Law

A Commentary

The European Convention on Human Rights

This book celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

Academic Freedom and Authoritarianism

Weitere Titel zum Thema