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Springer Nature Proceedings excluding Computer Science

Catalin-Silviu Sararu

Cristina Elena Popa Tache

Federica Cristani

Law, Ethics and Human Vulnerability

Global Perspectives on Responsibility and Governance

&lt;p class="MsoNormal" style="mso-pagination: none;"&gt;&lt;strong&gt;&lt;span lang="EN-US"&gt;Part i Technology, risks and global governance.-&lt;/span&gt;&lt;/strong&gt;&lt;span lang="EN-US"&gt; Power without responsibility? the problem of control in global administrative law.- Artificial intelligence, existential risks and international obligations.- International law faced with advances in the medical sciences. some ethical, social and legal implications of xenotransplantation.-&lt;strong&gt; Part ii responsibility, equality and comparative legal perspectives.-&lt;/strong&gt; Responsibility beyond guilt and obligation: a dialog between hannah arendt and paul ricoeur.- Hierarchy, authority and social roles: structures of the social world reflected in romanian and continental civil law.- The principle of equal opportunities between women and men in electoral matters in romanian law and in comparative law.-&lt;strong&gt; Part iii justice, human rights and international criminal law.-&lt;/strong&gt; Cyber operations and the plea of necessity: rethinking state responsibility.- A forgotten genocide: the yazidis&amp;rsquo; endless struggle for justice.- The international criminal court and rodrigo duterte: an illegal arrest?.&lt;/span&gt;&lt;/p&gt;

Transfer of Criminal Procedure

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

This book explores how different legal systems handle a particularly difficult type of corporate wrongdoing: Catholic dioceses' responsibility for child sexual abuse. Usually, when people think about corporate wrongdoing, they think about tax fraud, insider trading, and similar 'white-collar' crime. As corporations, dioceses' responsibility for child sexual abuse exists separately from that of individual perpetrators, and this corporate responsibility is the focus of this book. Through an analysis of cases involving dioceses that have significant documented histories of priests abusing children, this book illustrates how criminal law, canon law, tort law, bankruptcy law and an Australian Royal Commission have responded (or why they have not). The cases involve the Diocese of Ballarat, in Victoria, Australia, and the Diocese of Gallup, in northern Arizona and New Mexico, in the United States. Each diocese faced similar claims in a diverse field of legal systems, so very different legal systems were handling, in essence, the same cases in dissimilar contexts. Employing a novel interdisciplinary approach, the book traces the theories, purposes, doctrines, procedures, and logistics of engaging with these different legal systems - evaluating what they can and cannot do. Revitalising theories of responsive law, the book demonstrates that it is possible for legal systems to better hold not just Catholic dioceses, but corporations more generally, to account for wrongdoing, but we may need to rethink how those systems are structured.

Catholic Dioceses, Legal Systems, and Corporate Accountability

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

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

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

This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England. Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself - the balancing act between private initiative and public good. Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.

Private Purpose, Public Benefit, and the Regulatory Strategy

Charity Law and Governance

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

Judicial Systems of the World

The Israeli judiciary stands as one of the most respected institutions of the country's democratic system—yet also one of its most contested. Its structure, functions, and constitutional foundations shape debates on governance, rights, and the rule of law. This book offers a detailed analysis of the judiciary's historical development, its guiding legal principles, and the challenges it faces in a rapidly evolving legal and political landscape.

Tracing its historical development and the legal principles that underpin its operation, The Judicial System of Israel explores the constitutional and statutory framework that shapes judicial practice. It examines fundamental concepts such as due process and open justice, the jurisdiction of courts and tribunals, and the unique role of the Supreme Court. Readers will gain insight into the sources of law applied by the courts, the character of the legal profession, and the principles of legal culture and process.

Beyond its foundational analysis, the book explores the realities of judicial work, ethics, and discipline, while confronting the challenges posed by a rapidly changing world. From technological innovation to proposals for institutional reform, it considers what the future may hold for the judicial system of Israel. Offering fresh insights into these pressing issues, it is essential reading for scholars, practitioners, and anyone interested in comparative law and democratic governance.

The Judicial System of Israel

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

Sharing economy promised a way of using property for the mutual benefit of owners and consumers, but in the last decade it has only worked to profit large commercial platforms. This book shows how institutions of risk management are part of this problem and offers a solution: collaborative risk structures. The book uncovers risk as the missing element in accounts of property theory and sharing economy. Drawing on diverse insights from economic theory and legal studies, it explains how property and private law form a risk management infrastructure which reinforces private property, and examines the paralysing effects this has on sharing, by constraining it to extractive market relations and stifling its collaborative potential. The book argues that overcoming these constraints is key to realising collaborative property and curbing the drawbacks of private ownership. It proposes institutional design principles and offers heuristic solutions such as radical uses of private law tools and insurance mechanisms to build a collaborative risk system capable of supporting more equitable and diversified forms of sharing.

Risk in the Sharing Economy

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

Law, Ethics and Human Vulnerability

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