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Ohnesorge R: Pre-Transitional Justice

Pre-Transitional Justice

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

This book offers the first detailed study of women's legal status in early modern Liège, an otherwise largely overlooked case in European legal history. It follows women across the course of their lives, from birth to widowhood, to show how their legal position and control over property shifted over time, depending on their social status and place within the family. Drawing on a substantial body of wills and marriage contracts from notarial practice, it moves beyond traditional sources to show how the law actually worked in everyday practice, and who took part in its creation. By bringing all these elements together, this book offers a nuanced picture of how law and gender interacted in early modern Europe.

Women's Legal Status Between Customary Law, Notarial Practice and Ius Commune (16th-17th Century)

Women and the Law in Early Modern Liège

Essays in Honour of Andrew Harding

Comparative Law in Asia

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Studies in Private International Law - Asia

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand's involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

This book is the leading reference on Thai private international law in English. The chapters systematically cover the whole of Thai private international law including commercial matters, family law, succession, electronic commerce, intellectual property, competition (antitrust), and environmental disputes.

In addition to covering the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement, the chapters also look into conflict of laws questions arising in arbitration and assess Thailand’s involvement in the harmonisation of private international law globally and regionally.

Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Thai conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Thai Private International Law

Legal Research: Take the law into your own hands. Do you have a legal problem but don't know where to find the law? Legal Research gives you the skills to find the answers--fast. Legal Research is the only comprehensive, plain-English guide to legal research written for nonlawyers. Whether you're handling a personal legal matter, running a business, studying for a legal career, or just need to understand a law that affects you, this fully updated edition walks you through every step of the research process. You'll learn how to: <ul> <li>locate statutes, regulations, and court decisions at the federal, state, and local levels</li> <li>research legal questions online using free websites and reliable legal databases</li> <li>ensure your research is current so you're always relying on good law, and</li> <li>organize your results and draft a professional legal memorandum for school, work, or court.</li> </ul> Topics covered include: <ul> <li>understanding the basics of case law, statutory law, administrative law, and constitutional law</li> <li>identifying your legal issue and choosing the right resources</li> <li>finding and using secondary sources, including legal encyclopedias, treatises, law reviews, and practice manuals</li> <li>locating and using federal and state statutes, regulations, and local ordinances</li> <li>finding, reading, and Shepardizing case law, and</li> <li>validating your research and organizing it into a legal memorandum.</li> </ul> Legal Research also teaches you how to narrow your results so you won't drown in an information flood, whether you're working in a law library or researching online.

How to Find & Understand the Law

Legal Research

Hart Studies in Security and Justice

Juridifying Security

Using an aesthetic culture and techniques termed as jihadi cool, terrorist groups have been able to recruit members from around the world, so how do we begin to respond? This book analyzes the rhetorical and ethical dynamics of a culture of jihadi cool/chic, and why these rhetorical and aesthetic techniques have been such a powerful recruitment force for particular transnational terrorist groups. The author uses an evidence-based approach, with frameworks derived from law, politics, philosophy, rhetoric, feminist theory, and communication studies, to examine various attempts to construct counter-narratives to the jihadi cool master narrative. The book closes with an examination of how to begin to respond critically and effectively to the lure of jihadi cool.

Narrative, Law, Culture, and Philosophy Against Global Jihad

Countering Jihadi Cool

This cutting-edge collection is a riposte to the deep assumption that law should be written exclusively for and by the reasonable person, as the person to whom law is addressed and by reference to whom laws are designed and calibrated. The book looks at how the social dimension of the human experience is central to human existence: connections with other people shape our lives in profound ways. While law confers formal status on certain relationships and intervenes to remedy serious injustices that occur, it does not generally concern itself with the individual as a person formed through those and other relationships. It is most often addressed to the individual, on the assumption that individuals are rational autonomous agents. It poses a deep challenge to that assumption. First, the collection opens space for conversation on the social dimension of the human experience in the context of law by critically considering existing conceptual tools that could support such a conversation, e.g., community, solidarity, associations,collective rights, and cosmopolitan law. Second, the collection takes an inventory of the extent to which law currently takes the social dimension of personhood into account in fields as diverse as criminal culpability, natural resources law, human rights, company lawand administrative justice. In moving beyond the fields that have already been the subject of post-individualist and post-autonomy discourse, such as family law and medical law, this collection is a vital contribution to igniting a broader conversation about the relationship between the sociable person and the law.

Recognising and Regulating the Social Dimension of the Human Experience

The Sociable Person and the Law

Environmental NGOs and Access to Justice Before the Cjeu

Studies in Private International Law

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on:
*whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; 
*whether PIL interventions in environmental matters enhance and spread the EU’s environmental law policy, both inside and outside the EU
*whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

An Introduction

The Penal System

Pre-Transitional Justice

Weitere Titel zum Thema