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

George T: What Every Law Student Really
Needs to Know

What Every Law Student Really Needs to Know

An Introduction to the Study of American Law

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

This open access book brings together scholars primarily from the Global South, rooted in critical legal traditions, who reflect on international law and its role in (re-)producing social hierarchies in times of crisis and catastrophe. How should legal scholars articulate critique in catastrophic times? Should critical voices tone it down, in favour of pragmatism, when faced with deteriorating social conditions, growing inequality, protracted violence, planetary collapse, authoritarianism, and xenophobia? Or are they more urgently needed than ever? Critical scholarship has long warned of the limits of international law and its complicity with structures and relations of domination and the (re)production of social hierarchies. Yet, contemporary catastrophes have led to its revitalisation as a language of both expert counsel and political demand, drowning out calls for structural change for the sake of realism and stability. This book was inspired by two distinct, yet related, developments. One is the mobilisation of, and against, law by social movements representing the interests of distinct socially constructed groups facing crisis or catastrophe. The other is the reception of, and response to, such mobilisation by international law scholars and practitioners. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

International Law, Critique, and Structural Change

Social Hierarchies in Catastrophic Times

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

This book assesses the role of court experts, court clerks and court staff, and other actors on the 'judicial periphery' who play an important role and often co-determine the pace, outcome, and tone of the judicial process. In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked. This book explores their role. The knowledge and skills of experts may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, a principal focus of the book is on experts and how they are appointed, managed, and remunerated across Europe and the world. Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a significant impact on the effectiveness and quality of the judicial process and its outcome. The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.

Court Experts, Court Clerks, and Other Actors in the Shadows

The Heroes of the Judicial Periphery

A Theory for International Commercial Contract Law

Why the Legal Person Remains a Man

Manning the Law

This book investigates measures to increase diversity in the legal profession of England and Wales and the impact on these measures of equality law, specifically in the way it enables organisations lawfully to take positive or affirmative action. The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society. The evidence paints a puzzling picture of the law on positive action being experienced as limiting what employers may do to advance equality, and yet, of significant positive action being taken anyway, at least in this section of the legal profession. The glimpse into legal practice provided by qualitative interviews with a range of lawyers, regulators and civil society actors revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that liberalizing positive action laws was never likely to make much difference. This case study therefore cautions against overestimating equality law's power to drive change while suggesting strategies for enhancing its effectiveness. At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal mechanisms function in practice before deploying them, and much more attention to the potential for advancing equality and addressing broader societal challenges with more imaginative, innovative implementation of existing laws and the use of non-legislative initiatives.

Positive Action and the Limits of the Law

Diversity in the Legal Profession

Hague Yearbook of International Law / Annuaire de la Haye de Droit International, Vol. 38 (2025)

New Perspectives on Classical Topics

China and the World

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

What Every Law Student Really Needs to Know

Weitere Titel zum Thema