Kategoria BISAC: Law >> Reference

This book contains 20 essays tracing the work of David Zarefsky, a leading North American scholar of argumentation from a rhetorical perspective. The essays cohere around 4 general themes: objectives for studying argumentation rhetorically, approaches to rhetorical study of argumentation, patterns and schemes of rhetorical argumentation, and case studies illustrating the potential of studying argumentation rhetorically. These articles are drawn from across Zarefsky's 45-year career. Many of these articles originally appeared in publications that are difficult to access today, and this...

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both...

This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics.

Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends...

This work offers a timely philosophical analysis of fundamental principles of democracy and the meaning of democracy today. It explores the influence of big money and capitalism on democracy, the role of information and the media in democratic elections, and constitutional issues that challenge democracy in the wake of increased threats to privacy since 2001 and in light of the Citizens United decision of the US Supreme Court.

It juxtaposes alternate positions from experts in law and philosophy and examines the question of legitimacy, as well as questions about the access to...

This book explains China s intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China s compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author s critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel s property theories internalizes a theoretical paradox.

Professor Wenwei Guan s treatment of intellectual property law and practice in the...

This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jorgensens Dilemma, the Rhetors Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions.

The contributions...

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions.

Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this...

This collection of essays comprises some of Rudolf Richter's important contributions to research on New Institutional Economics (NIE). It deals with the central idea, principles, and methodology of New Institutional Economics and explores its relation to sociology and law. Other chapters examine applications of NIE to various microeconomic and macroeconomic issues in the face of uncertainty, from entrepreneurship to the euro crisis.