Kategoria BISAC: Law >> Conflict of Laws

Conundrums, puzzles, and perversities: these are Leo Katz's stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion--guilty or not guilty, liable or not liable, either it's a contract or it's not--but reality is rarely as clear-cut. Why aren't there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear....

Disobedience has been practiced and considered since time immemorial. The aim of this edited collection is to explore the concept and practice of disobedience through the prism of contemporary ideas and events. Past writings on disobedience represented it as a largely political practice that revealed the limits of government or law. It was not, for example, thought of as a subjective exigency and its discussion in relation to law and politics was tied to an unduly narrow conception of these terms. "Disobedience "reveals the multivalent, multidisciplinary and poly-local nature of...

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts...

Truth, Denial and Transition: Northern Ireland and the Contested Past makes a unique and timely contribution to the transitional justice field. In contrast to the focus on truth and those societies where truth recovery has been central to dealing with the aftermath of human rights violations, comparatively little scholarly attention has been paid to those jurisdictions whose transition from violent conflict has been marked by the absence or rejection of a formal truth process. This book draws upon the case study of Northern Ireland, where, despite a lengthy debate, the question of...