Über uns

À propos de nous

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

Persönlichkeitsrecht

Droit de la personnalité

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

Maine H: Ancient Law

Ancient Law

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

This book explores how trial lawyers, driven by self-interest, use argumentation to shape legal and ethical ideals in society through their manipulation of language, people, and objects. It argues that by employing various persuasive styles and deceptive strategies, lawyers influence juries and affect broader legal and communal values. These individual actions, while focused on client interests, collectively contribute to significant social changes in the practice and perception of law.

Etiology, Elements, and Effects

A Natural History of Legal Argument

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

This book provides a fresh and original approach to the critical and contextual appreciation of Roman law and culture. The great 'codes', such as those of Theodosius and Justinian, have rightly assumed a canonical status in the reception of Roman law. But they are not the only sources of this law. Law finds various expression in any culture, in essays, treatises, and testaments, plays, poems and novels. This book investigates this 'other' writing of Roman law. In the process it introduces the reader to a variety of Roman orators, poets and political writers, from Cicero and Seneca to Ovid and Apuleius, Plautus and Pliny. It also introduces the reader to a variety of areas of Roman law, from matters of governance and public philosophy to the politics of family and sexuality, the regulation of religion, the proscription of sorcery and the protection of the consumer. And finally, it introduces the reader to all of the peculiarities of Roman law too, the kind with which the past always teases the present. Why did Cicero's tongue end up nailed to a board in the forum in Rome? What role did Seneca play in the murder of Nero's mother? What did Ovid see, and why did it earn the wrath of his emperor? What magic did the orator Apuleius possess, and how did he use it? And what does the spread of Christianity owe to the younger Pliny? These are just a few of the collateral questions which the reader is invited to ponder in this fresh and exciting engagement with one of the most intriguing, and influential, legal systems in world history.

Law, Literature, and the Romans

Routledge Research in Media Law

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies. The vast majority of media self-regulatory codes impose an obligation not to disclose the identity of such sources, but many legal systems have traditionally been reluctant to offer such a degree of protection to anonymous sources, or any at all. However, the latter part of the twentieth century and early twenty-first century has seen an explosion in the number of such 'source protection' laws, and much judicial and legislative activity to change existing laws.Drawing on media and communications theories the book identifies a number of different theoretical justifications for source protection laws and analyzes whether the application of existing laws are consistent with any of these theories. Using legal materials and codes from a wide variety of countries it considers whether there are any noticeable trends in how different countries address this issue. It explores the influence of the United States and the European Court of Human Rights' jurisprudence on the matter beyond their jurisdictions, and asks the question whether this is an area of law captured by 'globalisation,' or whether countries with different constitutional and media traditions have developed different approaches to 'source protection.'Finally having assess the arguments in support of source protection laws Damian Carney puts forward a model clause and model shield law for the protection of anonymous sources which is theoretically and practically robust.

A Comparative, Theoretical and Critical Analysis

Journalists, Anonymous Sources and the Law

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Hart Studies on Contested Legalities

This book confronts a pressing and unsettling development at the intersection of law, sovereignty, and Indigenous rights: the growing entanglement between Indigenous legal traditions and sovereign citizen pseudolaw. Bringing together leading scholars from law, anthropology, Indigenous studies, and related disciplines, the volume exposes how pseudolegal movements increasingly appropriate the language and symbolism of Indigenous sovereignty to advance anti-state and conspiratorial agendas. The collection shows that this appropriation is not confined to non-Indigenous actors. In contexts of long-standing injustice and frustration with state institutions, some Indigenous individuals are also drawn to sovereign citizen arguments that promise autonomy or escape from state authority. Through careful analysis, the contributors explain why these claims may appear attractive, while demonstrating that they rest on legal fantasies fundamentally at odds with Indigenous legal orders. Where Indigenous laws are collective, relational, and grounded in responsibilities to land and community, pseudolaw is individualistic, property-centred, and rooted in settler-colonial entitlement. As the first scholarly collection to systematically address this phenomenon, the volume calls for renewed intellectual clarity and sustained engagement between academics, legal practitioners, and Indigenous communities. The book traces how pseudolaw repackages older colonial strategies of appropriation and erasure in new forms. It reveals the tangible harms these entanglements cause: legal confusion, political vulnerability, and the erosion of the credibility of genuine Indigenous sovereignty claims. It offers a powerful warning about the dangers of pseudolaw and a compelling case for strengthening Indigenous-led pathways to justice, self-governance, and sovereignty.

Indigenous Peoples and Sovereign Citizen Pseudolaw

Emerging Legal Education

Exploring the broader, non-technical, social and political senses of being situated, this edited collection provides a range of different substantive perspectives on situated learning in legal education.The expert cast of contributors to this book highlight the theory, practice, and impact of situated learning in legal education. Chapters apply situated learning to topics including climate change, First Nations and Indigenous voices, inclusion and belonging, authentic assessment, and generative artificial intelligence. The book questions what differences these intersecting contexts and situations - including the technological, the decolonial and the climatological - make to the practice and thinking of legal educators. In doing so, it considers how legal knowledge and professional identity are shaped through participation, experience, and engagement with communities and real-world problems, and what situated learning can contribute to the future of legal education.This book will be of interest to researchers in the fields of legal education, higher education, digital law, climate change law and decolonial law, as well as legal educators and practitioners interested in curriculum, assessment and educational innovation.

Context, Participation and Practice

Situated Learning in Legal Education

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

This book includes essays in honour of Professor Andrew Harding, a leading scholar in the fields of Asian legal studies and comparative constitutional law. Written by his colleagues and friends, the essays deal with important themes in comparative law in Asia, including comparative law methodology and theory; comparative constitutional law; legal transplants and development; and comparative law and society. The essays cover Malaysia, Singapore, Thailand, Myanmar, Southeast Asia and Commonwealth Asia.

Essays in Honour of Andrew Harding

Comparative Law in Asia

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Ancient Law

Autres titres sur ce thème