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Law and Justice in a Globalized World

Author : Harkristuti Harkrisnowo
Publisher : CRC Press
Page : 434 pages
File Size : 23,11 MB
Release : 2017-11-14
Category : Social Science
ISBN : 1351840452

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The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.

The Responsive Judge

Author : Tania Sourdin
Publisher : Springer
Page : 347 pages
File Size : 12,5 MB
Release : 2018-07-06
Category : Law
ISBN : 9811310238

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This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.

Courts and Social Transformation in New Democracies

Author : Roberto Gargarella
Publisher : Ashgate Publishing, Ltd.
Page : 336 pages
File Size : 36,88 MB
Release : 2006
Category : Political Science
ISBN : 9780754647836

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This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.

The Globalization of Legal Education

Author : Bryant Garth
Publisher : Oxford University Press
Page : 553 pages
File Size : 36,69 MB
Release : 2022
Category : Law
ISBN : 0197632319

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"Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"--

Judicial Decision-Making in a Globalised World

Author : Elaine Mak
Publisher : A&C Black
Page : 292 pages
File Size : 48,95 MB
Release : 2014-07-04
Category : Law
ISBN : 1782253645

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Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

The Oxford Handbook of Business and Government

Author : David Coen
Publisher : OUP Oxford
Page : 804 pages
File Size : 47,5 MB
Release : 2010-02-25
Category : Political Science
ISBN : 0191607525

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Business is one of the major power centres in modern society. The state seeks to check and channel that power so as to serve broader public policy objectives. However, if the way in which business is governed is ineffective or over burdensome, it may become more difficult to achieve desired goals such as economic growth or higher levels of employment. In a period of international economic crisis, the study of how business and government relate to each other in different countries is of more central importance than ever. These relationships have been studied from a number of different disciplinary perspectives - business studies, economics, economic history, law, and political science - and all of these are represented in this handbook. The first part of the book provides an introduction to the ways in which five different disciplines have approached the study of business and government. The second section, on the firm and the state, looks at how these entities interact in different settings, emphasising such phenomena as the global firm and varieties of capitalism. The third section examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America. The fourth section reviews changing patterns of market governance through a unifying theme of the role of regulation. Business-government relations can play out in divergent ways in different policy and the fifth section examines the contrasts between different key arenas such as competition policy, trade policy, training policy and environmental policy. The volume provides an authoritative overview with chapters by leading authorities on the current state of knowledge of business-government relations, but also points to ways in which this work might be developed in the future, e.g., through a political theory of the firm.

Globalizing Institutions

Author : Jane Jenson
Publisher : Routledge
Page : 277 pages
File Size : 28,26 MB
Release : 2018-02-06
Category : Political Science
ISBN : 1351762567

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This title was first published in 2000: The contributors to this fully documented volume address the debate surrounding the nature, impact and desirability of the complex set of phenomena collectively referred to as 'globalization'. The book breaks new ground by showing globalization in a wide range of areas, including national and transnational corporations, welfare policies, adoption, gendered politics and democratic institutions, citizenship, religion and judicial systems. It is also a truly international volume, including studies from North and South America, Africa and Europe. The book illustrates how globalization entails localization and is best explored through the analysis of institutions. It will be of particular interest to political scientists, sociologists, lawyers and anyone interested in the continual processes of global change.

Judicial Decision-Making in a Globalised World

Author : Elaine Mak
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 29,16 MB
Release : 2013-11-22
Category : Law
ISBN : 1782255966

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Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Transnational Legal Ordering and State Change

Author : Gregory C. Shaffer
Publisher : Cambridge University Press
Page : 271 pages
File Size : 18,93 MB
Release : 2013
Category : Law
ISBN : 1107026113

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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.