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: Schweizerische Zivilprozessordnung (Art. 1–352 ZPO sowie Art. 400–408 ZPO)</div>

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Orifici A: Workplace Investigations

Workplace Investigations

Justice and the Legal Regulation of Employer Conduct

Hart Studies in Commercial and Financial Law

This book provides guidance to the laws of whistleblowing in the EU banking and financial sector. Covering all the relevant EU legislation, including the Directive on the protection of whistleblowers, the book provides insights from 3 EU member states - France, Luxembourg, and Ireland - alongside the relevant international, Council of Europe, and US laws. Following the adoption of the Directive on whistleblowing, the book offers the necessary understanding of the legal landscape, relevant case-law analysis, and examples stemming from EU and US jurisdictions. The book offers a reasoned and comparative review of the genesis and legal rules of whistleblowing in the EU banking and financial sector; it will enable readers to understand how whistleblowing started in this sector, the specific rules under EU law, and how these are transposed to selected member states. Readers will thus be able to navigate whistleblowing legislation and be informed about their rights and duties. Providing clarity and expert analysis in a complex area, the book is a must read for researchers, government officials, and practitioners.

Theory and Practice

Whistleblowing in the EU Banking and Financial Sector

Brings together contributions from the leading legal historians of both the current and next generations on topics spanning the entirety of law's history in England and Europe.

Querella

Essays in Law and History for David Ibbetson

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation. He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the 'war on terror', and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.

Will it Survive?

The Rule of Law Under Fire

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

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

Building Pathways to Job Creation: A Case Study from West Bengal

Youth Entrepreneurship in Bhutan

Established and reliable, Selwyn's Law of Employment continues its legacy as a complete reference guide for students of employment law. Astra Emir has maintained Norman Selwyn's practical approach to the subject, discussing the broad scope of each topic concisely and in an accessible manner, allowing space to reflect on developing issues in this fluid area of law. The straightforward written style allows you to navigate the text with ease, and helps to identify legal principles and seminal cases quickly. This textbook includes case law from the UK and EU, and both collective and individual employment law is considered, to offer an inclusive representation of the subject. Digital formats and resources The twenty-third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The online resources, available at www.oup.com/he/selwyn23e/, includes biannual updates to the law, blog posts about prominent employment law topics, and animated diagrams exploring complex legal processes.

Selwyn's Law of Employment

The Politics of Adjudication addresses the pragmatics of legal decision making. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance.

The Politics of Adjudication

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Lex Amicitia draws a long history of the law of friendship - from Aristotle to Derrida - into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

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

Workplace Investigations

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