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

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Luban David: Powers of Judgment

Powers of Judgment

Hannah Arendt's Moral and Legal Philosophy

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

Justice and the Legal Regulation of Employer Conduct

Workplace Investigations

This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent. This book's fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.

Explores law’s constructions of time, illuminating key problems for sexual consent law and offering potential solutions.

Legal Temporalities of Sexual Consent

Routledge Revivals

First published in 1980, Copyright offers an explanation and an analysis of the wider implications of copyright as an instrument for ordering the flows of information and culture within and among societies. The book traces the development of copyright and related rights with emphasis on the policy aspects and on how copyright was influenced by and in its turn influenced the users of new information technology.Significant discussion is devoted to the international aspects of copyright, its unique position in international law, and its role in the relations between industrialized and developing countries. Having provided a basic understanding of copyright principles and their implications, the authors then analyse how well or badly copyright is coping with the various information and communication technologies that have developed primarily in the twentieth century. Finally, they discuss how copyright operates in a modern technological society, the existing challenges to copyright, and its prospects for the future.

Intellectual Property in the Information Age

Copyright

Studies in Penal Theory and Philosophy

Criminal Records, Publicity, and Crimes of Abuse

The Crimes of Others

Routledge Contemporary Issues in Criminal Justice and Procedure

This book critiques the autonomy based theoretical foundations of the legal response to sexual offences. To do so it examines the legal treatment of incapacitated rape victims arguing that the autonomous foundations have created a hierarchal response that forces individuals to be responsible for avoiding harm. The book uses vulnerability theory in two innovative ways. It challenges the foundations of the autonomous liberal legal subject in sexual offences, and it suggests a new sexual offence based on a vulnerability lens. Through this understanding of vulnerability, it argues that an autonomy-based approach is at the core of the inadequate response to sexual assault complainants. It therefore encourages readers to rethink what we know about what it means to be human, how we view sexual offences, and how we treat incapacitated complainants. The book blends theory and policy to offer new and holistic ways to rethink our response to sexual offences and challenges the formulation of the subjective nature of consent and sexual assault. The book will be of interest to researchers, academics and policy-makers working in the areas of Criminal Justice, Criminology, Gender Studies and Social Policy.

The Inadequacy of the Autonomy-based Approach

Vulnerability and Sexual Assault Law

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 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

How can European public law effectively address the profound rights challenges posed by AI systems? This groundbreaking book delves into this pressing question by critically analysing the limitations of current regulatory frameworks, including the Artificial Intelligence Act, the General Data Protection Regulation, and European human rights law. Drawing on leading judgments from the European Court of Human Rights and the Court of Justice of the European Union, the book explores real-world case studies of AI systems employed by public authorities, highlighting their impact on fundamental rights. Arguing that the EU's risk-based regulation approach falls short in protecting fundamental and human rights, the author introduces a compelling alternative: a rights-based inter-legal approach grounded in the theory of inter-legality. This innovative framework emphasises the 'publicness' and 'inter-systemic' nature of AI, advocating for a lifecycle perspective - from design to deployment and beyond. Rich with legal insights and practical methodology, this book presents a three-step adjudication model to integrate the inter-legal approach into European legal practice, paving the way for a more robust protection of fundamental principles, rules and rights in the AI era. Essential reading for scholars, policymakers and practitioners, this work redefines how Europe can lead the charge in responsible AI regulation.

A Rights-Based Inter-Legal Approach to Artificial Intelligence

The Economics of Legal Relationships

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

The author of more than 50 books and 150 articles, Richard Posner is one of the most cited legal scholars of the 20th century. His sometimes controversial views are incredibly complex, but are unified by the use of economics to analyze law and legal phenomena. This book offers an innovative and highly original guide to Posner's economic analysis of law.

A Guide to Posner's Economic Analysis of Law

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

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 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 examines how private justice challenges the state's monopoly on adjudication, with a particular focus on today's digital contexts.The author contends that private interventions can be legitimate expressions of justice rather than threats to it, and argues for a nuanced approach. This applies when such interventions respond to genuine injustices and meet the criteria of suitability, necessity and proportionality while respecting fundamental ethical boundaries. By proposing a framework for private justice defence, the book explores how this stance could bridge the gap between public and private justice systems, fostering greater collaboration between citizens and the state. By acknowledging the role of private adjudication in rectifying injustices, the book advocates a legal landscape that empowers individuals to act in the service of justice, while upholding core principles of fairness and cooperation.The book will appeal to scholars of legal theory and law and technology.

Devising a Legal Defence to the Harm of Judging

The Private Justice Gap

Powers of Judgment

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