Über uns

À propos de nous

Nachhaltigkeit

Durabilité

Open Access

Karriere

Carrière

Datenschutz

Protection des données

Impressum

Mentions légales

Zahlung und Lieferung

Paiement et livraison

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

Publikationen

Publications

Literatur

Onlinemodule LEXIA

Modules en ligne LEXIA

Bücher

Livres

Buchreihen

Collections

Datenbanken

recht.ch

Studienliteratur

Littérature pour les études

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

Autorenstimmen

Témoignages

Verlag

Éditions

Themen

Mehr wissen

Mitarbeitende

Collaborateurs

Geschichte

Histoire

Vision und Mission

Vision et mission

Unser Magazin

Notre magazine

Unternehmenskultur

Culture d'entreprise

Partner

Partenaires

Kontakt

Contact

Shop

Schweizer Recht

Ausländisches Recht

Über unseren Shop

Neuerscheinungen

Nouveautés

Unsere Funktionen

Nos fonctions

Vorankündigungen

À paraître

Nach Rechtsgebiet

Par domaine juridique

Kommentare

Commentaires

Gesamtkatalog

Catalogue complet

Baldwin Guy: Liberty of Conscience

Liberty of Conscience

Justification and Limits

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

Forests are central to international security, peace, and justice, as they provide livelihoods for millions of impoverished people in developing countries. Threat's to the world's forests may result in a reduction in basic livelihood resources and will have significant consequences on a global scale. There is no existing international treaty on the protection of forests, with the result that their international protection is governed by disparate areas of international law and smaller-scale local initiatives. In this context, this book reviews the history of international law on forests, evaluating the effectiveness of the existing international legal framework to protect them. The book investigates the impact of the initiatives which have emerged in the absence of a dedicated international agreement, including Reducing Emissions from Deforestation and Forest Degradation (REDD+) and forest certification, which are assessed in the wider context of the development of international environmental law. It also considers the role of regional forest agreements in the international protection of forests. It assesses the challenges to the effectiveness of international law governing forests, in particular the disparate nature of the law as it stands, and posits that the solution can be found in existing regional agreements. It argues that a more specific international treaty, consistent with the recent decisions of international courts on environmental protection and building on the experience of regional legal instruments, may offer an effective path forward.

International Law and the Protection of Forests

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

The 'fresh start' that is afforded individual debtors through the discharge doctrines of American bankruptcy law has, to date, defied justification by a single normative principle or theoretical paradigm. The justificatory accounts that have been advanced either fail to explain core doctrines that have long defined the right of discharge or invite theoretical challenges that suggest that their descriptive virtues are swamped by their normative or conceptual shortcomings. This book presents a taxonomy of traditional justifications of bankruptcy and subjects them to critical evaluation. It then seeks to offer a new justification of bankruptcy's 'fresh start' doctrines-one that takes its inspiration from a quite different moral tradition than those that have informed past efforts to justify and explain our enduring societal willingness to release people from onerous financial obligations. The book argues that personal debt relief is fully vindicated not by a utilitarian theory, nor by a distributive justice theory, nor by a retributive theory, nor by any other rights- or duties-based theory that is preoccupied with moral claims that particular creditors or debtors might proffer. Rather, the long-standing institution of discharge in bankruptcy is best explained by an aretaic, or virtue-based, theory that concerns itself with the obligations that the rest of us have to be charitable towards those who are unable to repay their debts. The fresh start that bankruptcy gives to those who have been shackled by overwhelming debt is justified not by its effects on creditors, debtors, or future market actors, but by its satisfaction of the demands of individual charity to which all citizens are subject. Bankruptcy's discharge of the debts of those who have become financially desperate is best thought to be an institution that aggregates others' demands of good character so as to permit citizens for whom debt-forgiveness is a personal virtue to live in a society that fulfils that virtue.

The Virtue of Bankruptcy

Debts and the Demands of Conscience

This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.

Legal Normativity, International Law and Democracy

Kelsen’s Legacy

ASCL Studies in Comparative Law

Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions-such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment-it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.

Misuses of Comparative Law in International Development

This book sheds light on the under-examined theme of the drafting of equality rights in constitutional bills of rights. It focuses on three jurisdictions where equality has been central to constitutional debate: South Africa, Canada, Northern Ireland. Avoiding the tendency in much of comparative constitutional law literature to focus on the work of courts, this work draws on empirical research to provide a comprehensive account of the different aspects of the drafting process and difficulties societies face when designing equality rights in bills of rights. The book does this by providing the first systematic analysis of three jurisdictions (South Africa, Canada and Northern Ireland) which have adopted, or debated the adoption of, bills of rights. This is a timely and fascinating book which will help shape and share comparative constitutional scholarship. The book demonstrates how the drafting of an equality provision in bills of rights must be understood against the local background political context in which it is immersed. As the book contains a structured comparison of three countries, it has a wide reach: it provides an essential guide for human rights campaigners, the community and voluntary sector, constitutional law practitioners, the international community, politicians and government, academics and students who wish to know more about the importance of the drafting process and, in particular, the choices raised in drafting equality rights provisions. It is in this context that the comparative experience of the three chosen jurisdictions is indispensable and relevant.

The Drafting of Bills of Rights

Negotiating Social Justice

In a career that has seen him face coup leaders in his native Ivory Coast and lead some of the most prestigious Western financial institutions, Tidjane Thiam has blazed a trail through African and European politics and business.In a career that has seen him face coup leaders in his native Ivory Coast and lead some of the most prestigious Western financial institutions, Tidjane Thiam has blazed a trail through African and European politics and business.After a childhood in tumultuous west and north Africa, Thiam broke barriers in the elitist world of French higher education, becoming one of the first black consultants at McKinsey and Company before entering the Ivorian government. After a coup forced him into exile, he joined the world of finance, where his rise saw him named as CEO of Prudential in London and Credit Suisse in Zurich. Along the way, he was trained and supported by many both in the public and private sector who made his many achievements as a leader possible. However, his rise to prominence as the only African, black and Muslim boss of large Western corporations was also accompanied with disproportionate public and media scrutiny, as well as racism and xenophobia.A blend of autobiography, business, politics, and personal philosophy, his book offers a unique vantage point on corporate and political life in Africa, Europe, the United States and Asia. In a story that spans from his father's politically motivated imprisonment to the business principles that took Thiam to the top of global finance, he shares a personal and professional story that is equal parts inspirational and aspirational.

A Memoir

Without Prejudice

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Liberty of Conscience

Autres titres sur ce thème