<div class="raw-html-embed"><a href="https://staempflirecht.ch/fr/etudes">Études de droit ? Le savoir-faire d'expertes et d'experts du droit suisse – à portée de main !</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

Robyn Carroll: The Role of Apologies in
the Law

The Role of Apologies in the Law

This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Lessons on Legal Reasoning

Understanding Tort Claims and Illegality

Drawing on new data and case analyses, Ryan J. Rebe provides substantial evidence that justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and notions of fundamental fairness. The aggregate analysis shows that justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Exploring topics such as gerrymandering, campaign finance, voter ID laws, and presidential immunity, Rebe demonstrates that Supreme Court decisions often conflict with principles of stare decisis, originalism, and judicial restraint. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty-five years, including Crawford v. Marion County, Citizens United v. FEC, Shelby County v. Holder, and Trump v. United States. In doing so, the book provides a thorough overview of over two decades of election law cases and sheds light on the ways these cases have reshaped America's electoral institutions.

The Era of Political Partisanship on the U.S. Supreme Court

The Partisan Court

Cambridge Studies in International and Comparative Law

The Co-Production of Infrastructure, Technology, and International Law

Cable Empires

The edited volume explores the building blocks of the new EU Product Liability Directive. Offering normative and comparative perspectives, it examines its role within the broader legislative framework. The volume also looks specifically at its application to artificial intelligence. Rigorous and comprehensive, it is a magisterial overview of this transformational legislation.

Doctrinal, Comparative and Interdisciplinary Approaches

The 2024 Product Liability Directive

This book presents a contemporary perspective on legal rights centred on the longstanding will theory-interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber. The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities - and ultimately supreme court judges - who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches. A major task of the study is the construction of an archetypal supreme court judge - personifying the 'institutional imagination' - fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.

Legal Rights and the Institutional Imagination

European Academy of Legal Theory Series

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

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 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

Criminal Practice Series

This single volume explains the civil recovery regime under POCA 2002 in the magistrates' court for professionals. POCA 2002, Pt 5 contains the relevant primary legislation and includes the provisions that deal with the recovery of cash, listed assets, and bank accounts. There is considerable overlap in the principles and procedures that UK law enforcement must follow; from initial searches to the seizure and detention/freeze of assets before submitting an eventual forfeiture application. Providing expert commentary on POCA 2002, Pt 5 and the principles and procedures that must be followed this title ensures that practitioners can provide practical guidance to individuals and corporates and includes all the relevant statutory provisions, rules, codes and forms. It answers questions such as: - Why would a client's bank account be frozen? - If HMRC successfully applies to freeze a client's bank account, how can I get the court order discharged? - If my client's cash is seized, how can I practically advise a client to get the funds returned? - If my client is subject to a criminal investigation and a civil investigation, how should I advise them? - If my client's bank accounts are frozen, how can everyday expenses, including paying legal fees, be met? This is a must have title for Financial crime legal professionals, Accountants, Compliance officers, Fraud analysts, Cyber security experts, and Anti-bribery and corruption specialists.

A Guide to Civil Recovery in the Magistrates’ Court

This is the updated and expanded edition of the only radical, multidisciplinary, international introduction to intellectual property in its socio-economic contexts. Bringing together voices from law, sociology, economics, political science, and cultural studies from across the Global North and Global South, experts and activists Mat Callahan and Jim Rogers offer a detailed history and analysis of IP before asking critical questions designed to underscore its importance in the broader struggle between capital and the commons. What are the broader implications of IP, whether for agribusiness, pharmaceuticals, education, or entertainment? Is IP law a fundamental pillar of our culture, or has it been used to protect and assert the ownership of, and thus limit, the spread of ideas and creativity? With a chapter structure moving from historical and theoretical foundations to industry-specific conflicts and policy analysis, this book covers the breadth and depth of IP areas, including patents, copyrights, trademarks, and trade secrets, as well as emerging issues such as digital rights and biotechnology. Key features include: - voluminous, up-to-date case studies, both Western and non-Western; - an extensive, jargon-busting list of abbreviations of specialized or technical terms; - a new chapter on copyright and socialism; - revisions and updates accounting for the seismic impacts of artificial intelligence. This is a foundational must-read for all researchers, students, and activists interested in critical analyses of IP laws and policies--not just their legal frameworks, but also their broader social, economic, and political implications.

A Radical Guide to the Past, Present, and Future of the Ownership of Ideas

Rethinking Intellectual Property

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

An unprecedented dialogue between a long-term federal prisoner and a senior prison official reveals how America’s carceral system scars everyone it touches.
No One Gets Out Unscarred argues that the prison system fails not only those it incarcerates, but also the staff who work inside it and the communities to which most will return. Rather than opposing prisoners and correctional officers, it shows how their lives are shaped by the same punitive culture, institutional incentives, and political decisions.
At its center is an extraordinary exchange between two men on opposite sides of the bars: Robert Barton, incarcerated since adolescence in high-security federal prisons, and Jack Donson, a retired Bureau of Prisons official who rose from correctional officer to case manager. Drawn from more than fifty hours of interviews, their interwoven accounts reveal a system that brutalizes prisoners while eroding staff morale, health, and judgment.
Moving beyond exposés and redemption narratives, the book examines the everyday mechanics of incarceration—lockdowns, restrictive housing, medical neglect, mental-health failures, broken grievance systems, and the hollow promise of rehabilitation—through lived experience on both sides.
Rejecting both abolitionist polemic and law-and-order defenses, it asks a pragmatic question: if more than 95 percent of incarcerated people will return home, what kind of prison system actually serves society?

The Case Against America’s Prison System, From Both Sides of the Wall

No One Gets Out Unscarred

The Role of Apologies in the Law

Autres titres sur ce thème