FID Recht - 340 - Recht

A three-fold cord for ensuring and securing of presbytry in Scotland. The first. Her Majesty's repeated promises and engagements in favours thereof. The second. Our laws and acts of Parliament, especially these near fifteen years bygone. The third. Our nation claim of right, and the people their fixed resolution to stand by it. By whom then shall Jacob fall? By whom then shall Jacobites Arise? In a letter from a true lover of the Protestant religion, his Queen and countrey, unto the members of this present Parliament

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The Covent-Garden tragedy.:As it is acted at the Theatre-Royal in Drury-Lane. By His Majesty's servants.

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Abortion clinic violence ::hearings before the Subcommittee on Crime and Criminal Justice of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, first session, April 1 and June 10, 1993.

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The argument of Sir John Phillips, bart. at the King's-Bench Bar, 27 April 1751, in behalf of the Hon. Alex. Murray, Esq; with an introductory preface.:And the former resolutions and arguments of the Right Hon. the House of Lords. And also a short history of the origin of the Hon. House of Commons. With, many law cases and arguments of several judges, commoners and lawyers, relating to the rights and privileges of the House of Commons, and liberties and properties of all the people of England. By a gentleman of the Temple. In two parts. Part I.

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The European Court of Human Rights in the post-Cold War era:universality in transition /

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"The European Court of Human Rights has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. However, now the[...]

Governance, Human Rights, and Political Transformation in Africa.

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This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form [...]

An African Path to Disability Justice ::Community, Relationships and Obligations /

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How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal[...]

Constitutional development in China, 1982-2012 /

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This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constit[...]

European Yearbook of Constitutional law 2019 ::judicial power: safeguards and limits in a democratic society /

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The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book a[...]

Juvenile delinquency ::theory, research, and the juvenile justice process /

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Combining theory with practical application, this seminal introduction to juvenile delinquency and juvenile justice integrates the latest research with emerging problems and trends in an overview of the field. Now in its sixth edition, this book features new interviews and discussions with child care professionals and juvenile justice practitioners on their experiences translating theory to practice. It addresses recent changes in the characteristics of delinquents alongside changes in laws and [...]

On the constitutionality of compiling a Civil Code of China ::a process map for legislation born out of pragmatism /

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This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates "Pragmatic Methods" as a new approach to compiling a Civil Code of China and shares the authors thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpr[...]

Childhood and children's rights between research and activism ::honouring the work of Manfred Liebel /

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Human rights in war

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This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are no longer active in the fight. A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in[...]

The Dignity Jurisprudence of the Constitutional Court of South Africa ::Cases and Materials, Volumes I & II /

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Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and al[...]

Law and Revolution ::The Impact of the Protestant Reformations on the Western Legal Tradition /

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Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal phil[...]

Inside Charter Schools ::The Paradox of Radical Decentralization /

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Deepening disaffection with conventional public schools has inspired flight to private schools, home schooling, and new alternatives, such as charter schools. Barely a decade old, the charter school movement has attracted a colorful band of supporters, from presidential candidates, to ethnic activists, to the religious Right. At present there are about 1,700 charter schools, with total enrollment estimated to reach one million early in the century. Yet, until now, little has been known about the[...]

The Influence of the Zakón Súdnyi Liúdem on the Vinodol Law and the Medieval Croatian Legal System.

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This book reveals new information on the oldest known Slavic legal text, Zakón Súdnyi Liúdem, that has been shrouded in mystery for centuries. Most likely composed in today's Bulgaria, Zakón Súdnyi Liúdem reached parts of Croatian territory and, according to some ancient sources, had a significant influence on all medieval social classes that followed its written codes of conduct and incorporated them in their own legal documents, as proved by the Vinodol Law. The Vinodol Law, recognised globall[...]

Biodiversity and the law /

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Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed. Among the topics covered a[...]

Citizenship and its exclusions ::a classical, constitutional, and critical race critique /

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Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and Its Exclusions, Ediberto Román offers a sweeping, interdisciplinary analysis of citizenship's contradictions. Román offers an exploration of citizenship that spans from antiquity to the pr[...]

Just silences ::the limits and possibilities of modern law /

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Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims ab[...]

Federal firearms licensing ::hearing before the Subcommittee on Crime and Criminal Justice of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, first session, June 17, 1993.

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Federal prison population ::present and future trends : hearings before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, first session, May 12 and July 29, 1993.

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A politics of patent law:crafting the participatory patent bargain /

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"There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of groups [...]

The law and economics of intellectual property in the digital age:the limits of analysis /

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"This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade's technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The rise of Law and Economics as a dominant methodology in intellectual property scholarship has been accompanied by an increased ec[...]

Governing Nonprofit Organizations ::Federal and State Law and Regulation /

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The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite rep[...]

Law and Judicial Duty /

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Philip Hamburger's Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Drug Addiction and Drug Policy ::The Struggle to Control Dependence /

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This book is the culmination of five years of debate among distinguished scholars in law, public policy, medicine, and biopsychology, about the most difficult questions in drug policy and the study of addictions. Do drug addicts have an illness, or is the addiction under their control? Should they be treated as patients or as criminals? Challenging the conventional wisdom, the authors show that these standard dichotomies are false.

Strangers and Kin ::The American Way of Adoption /

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Strangers and Kin is the history of adoption. An adoptive mother herself, Barbara Melosh tells the story of how married couples without children sought to care for and nurture other people's children as their own. Taking this history into the early twenty-first century, Melosh offers unflinching insight to the contemporary debates that swirl around adoption: the challenges to adoption secrecy; the ethics and geopolitics of international adoption; and the conflicts over transracial adoption.

Rethinking Juvenile Justice ::Louisiana and Cuba after Slavery /

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What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

The Progress of Air Law ::The Resolutions of the International Civil Aviation Organization.

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Air law is the law pertaining to the use of airspace. Over the years, it has progressed through the evolution of public and private international law, drawing principles of other branches of law such as contract law; tort law, and criminal law. At the base of air law are basic principles set out in the Convention on International Civil Aviation, popularly called the Chicago Convention which established The International Civil Aviation Organization (ICAO) - a specialized agency of the United Nati[...]

Electronic monitoring ::tagging offenders in a culture of surveillance /

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"This book offers a systematic, sociological and penological exploration of the most up-to-date uses of electronic tagging (also known as electronic monitoring). With increasingly overcrowded prisons, electronic tagging has been proposed as an alternative form of punishment, and interest in this topic is growing throughout Europe. Current debates and research have often been limited to policy evaluation and effectiveness, whereas Electronic Monitoring examines the brand of punishment from a soci[...]

Educational justice ::Liberal Ideals, Persistent Inequality, and the Constructive Uses of Critique /

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Blurry boundaries of public and private international law:towards convergence or divergent still? /

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This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themesPublic international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international l[...]

The Politics of Judicial Interpretation ::The Federal Courts, Department of Justice, and Civil Rights, 1866-1876 /

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This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our c[...]

Statutory Default Rules ::How to Interpret Unclear Legislation /

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Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It cha[...]

Law and Social Norms /

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What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, [...]

Freedom on Fire ::Human Rights Wars and America's Response /

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As the chief human rights official of the Clinton Administration, John Shattuck faced far-flung challenges. Disasters were exploding simultaneously--genocide in Rwanda and Bosnia, murder and atrocities in Haiti, repression in China, brutal ethnic wars, and failed states in other parts of the world. But America was mired in conflicting priorities and was reluctant to act. What were Shattuck and his allies to do? This is the story of their struggle inside the U.S. government over how to respond. S[...]

Recognised and Harmed ::A Classification Approach to Facial Recognition Technologies.

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Private face recognition technologies are increasingly entering the private and public sphere, with no adequate checks and balances. This comprehensive and important new reference work explores crucial regulatory challenges, stemming from the use of private face recognition technologies in Europe. After detecting technological neutrality in law, legal uncertainty in case law and the risk of over-surveillance, it recommends an ex ante and targeted classification approach with a view to minimising[...]

A modern legal ethics ::adversary advocacy in a democratic age /

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A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement th[...]

Status on Iraq ::communication from the President of the United States transmitting a report on the status of efforts to obtain Iraq's compliance with the resolutions adopted by the U.N. Security Council, pursuant to Pub. L. 102-1, sec. 3 (105 Stat. 4).

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Women’s rights and gender equality during the COVID-19 pandemic

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This paper contributes to the existing literature by investigating the scope of States’ obligations to realise women’s rights and ensure gender equality amid the COVID-19 pandemic. To this end, the analysis focuses on three areas where the gendered consequences of emergency measures have been the most widespread and/or severe: the disproportionate impact of social distancing policies enacted to curb the spread of the virus on women’s right to work (Section 2); the increased rates of gender-based[...]

L'interpretazione conforme e i limiti alla discrezionalità del giudice nell'interpretazione della legge

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The essay traces the evolution of constitutional jurisprudence about consistent interpretation of Constitution up to its most recent arrivals, which are still insecure today and burdened with not removed theoretical-reconstructive aporias. An attempt is made to explain the perspective change on the basis that the consistent interpretation of the origins was aimed at innervating the new Constitution in the legal system and at entrenching the constitutional culture in the courts. Subsequently, the[...]

Dentro e fuori : lo strano caso delle clausole e dei principi generali

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The author offers a reconstruction of the typical modality of application of the general clauses, represented by their concretization. The latter takes place through the use, by the judge, of the the principles of the legal sistem, both of those specific to each specific sector, and of those of constitutional law.

Respingimenti a catena e tutela cautelare del diritto d’asilo. Le ordinanze del Tribunale di Roma sulle ‘riammissioni informali’ in Slovenia

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On the 3rd of May, the Rome Tribunal accepted the complaint lodged by the Ministry of Interior against the interim measure with which, last January, the same Court declared the illegitimacy of the procedure of migrants and asylum seekers informal readmission in Slovenia, because of the violation inter alia of the principle of non-refoulement. Despite the negative outcome for the asylum seekers, the order of the complaint did not refute the reasoning of the judge of the first instance who, for th[...]

L’ammissibilità ratione personae dei ricorsi alla Corte europea di individui estremamente vulnerabili: uguaglianza sostanziale e tutela del diritto di accesso alla giustizia internazionale

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The legal framework governing proceedings before the ECtHR does not deal with cases in which victims of human rights violations are not de jure and/or de facto capable of lodging applications with the Court. In the effort of overcoming such a procedural lacuna, the Court has established a test that, taking into consideration the extreme vulnerability of the victims (such as minors and persons with disabilities) and the seriousness of the alleged violations, allows NGOs to apply as their ‘de fact[...]

Profili del trust nel diritto inglese: uno studio per fattispecie

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Some aspects of the English trust It is an accepted fact that the English common law has long been characterized by the historical presence of one peculiar institute, mostly unknown to many other European legal systems. Actually, trust has been at the centre of the scene for almost 800 years, even if with different names and functions. But it cannot be denied that its weight has always been felt in all fields of private law and occasionally of criminal law when a fiduciary relationship, such as [...]

La complessa relazione tra giustizia riparativa, reati ambientali e responsabilità degli enti alla luce della legislazione vigente

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After describing the structural differences between the repa- rative cases of environmental harms found in current criminal legislation and the tools of restorative justice recently introduced in our legal system by the Cartabia Reform, the contribution reflects on the obstacles to their use in the sphere of environmental crimes and, more generally, in the sphere of victim- less crimes. Equally narrow appear to be the margins for a robust penetration of the new paradigm in the terrain of the cri[...]

Rule of law with African characteristics

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The chapter advocates for a pluralist approach to the concept of rule of law. Having examined the concept and its implications, the essay moves from the now commonly accepted idea that there is a Chinese concept of rule of law to consider and reconstruct the African concept of rule of law, which takes into proper account the African jurisprudence and - more in general - legal culture.

Trafficking in Human Beings: the ECHR and States' Positive Obligations

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Positive Obligations related to the ECHR provisions play a central role in investigating severe crimes and protecting victims. Art. 4 ECHR is particularly relevant in the context of the fight against Trafficking in Human Beings (THB). Among the procedural duties deriving from this article, the analysis focuses on the obligation to not prosecute victims of THB for the minor crimes they were forced to commit. The mentioned obligation (also provided by other supranational sources) was strongly stre[...]

Correctness of judicial information and impartiality of the judge: the distortions of the media criminal trial

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This analysis, which focuses on the difficult relationship between criminal justice and judicial information, examines only some of the most controversial aspects, starting with an undisputed premise, namely that over time the function of communication in judicial matters has changed, evolving from informative to formative. I will reflect on the hiatus between the real justice as exercised in courtrooms and justice perceived by the public through media narratives, paying particular attention to [...]

La regina Elisabetta II (1926 – 2022)

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L'articolo ricostruisce la recente storia del Regno Unito e le caratteristiche salienti del common law attraverso la figura della Regina Elisabetta II

Access to Social Benefits for Third-country Nationals in the European Union Between Fragmentation and Equal Treatment

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The article explores the fragmented legal framework governing third-country nationals’ (TCNs) entitlement to equal treatment with nationals of the host Member State regarding access to social benefits under EU law. Access to social advantages for TCNs is shaped by detailed EU secondary legislation, which defines rights and obligations based on an individual's specific legal status. While EU secondary legislation establishes differentiated rules depending on migration status, its transposition an[...]

Il prisma dell’effettività e l’ordine possibile delle relazioni familiari. Considerazioni a margine della riforma Cartabia

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The essay moves from the analysis of the most recent developments in family law and particularly those elements pointing to a diagnosis of its crisis. The author then refers to the recent re-emergence of the debate on the formants of family law so to propose an interpretation that finds in the overcoming of predetermined forms and in the centrality of individual interests the crucial elements of a possible order of family relations in a pluralist society. In the perspective thus proposed, the au[...]

THE OBLIGATIONS OF STATES AND NON-STATE ACTORS IN RELATION TO MULTINATIONAL CORPORATIONS UNDER DOMESTIC AND INTERNATIONAL LAW: A CASE STUDY ON THE LEGAL REGIMES COVERING CORPORATIONS IN THE EXTRACTIVE INDUSTRIES IN SIERRA LEONE AND ITALY

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Gli obblighi di informazione tra regole di protezione del consumatore e diritto contrattuale europeo uniforme e opzionale

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Less ambitious than the original proposals, the Consumer Rights Directive 2011/83 focuses on the area of information duties and the right of withdrawal in B2C contracts. This article analyses the new rules providing information obligations, and highlights some of the unresolved questions particularly concerning the level of consumer protection, and the remedies for the breach of those obligations. An extensive catalogue of information is now to be given in distance and off-premises contracts; an[...]

Identificare registrare riconoscere tra medioevo e prima età moderna. Alcune Riflessioni su pratiche siciliane

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Specific practices for the identification and the registration of people, not necessarily related to the State control of migration flows, were recorded in Sicily as well as in the rest of Europe in the Middle Ages and in the Early Modern Age. We should consider the need of individuals to establish their condition or to assure themselves certain rights and privileges through some form of registration providing recognition of identity. The matter extends then to other areas such as those of prope[...]

The notion of Organised Crime in eu law

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The contribution consider, first, the original multiplicity of national legislative solutions with respect to the crucial issue of ‘punishability’ of criminal organisations; then, identify the common standards under european harmonisation legislation, along with their respective characteristics and problems, in order to finally assess the most recent situation and the effectiveness of EU action in this area. A more general consideration on the nature of harmonisation in this area serve as backgr[...]

EXPANSION OF GLOBAL RULE BY LAW ENFORCEMENT: COLOMBIA’S EXTRADITION EXPERIENCE, 1999–2017

2026-08-28T05:04:04+00:00

We argue that transnational criminal law has enacted a global rule by law enforcement agencies, at odds with the rule of law. Mutual legal assistance agreements (MLAA) allow exporting law enforcement practices without proper judicial oversight. Consequently defendants required in extradition are exposed to abuses, as illustrated here with extradition cases from Colombia to the United States of America (USA) in the past decades. Based on the critical review of documental and statistic information[...]

Chinese Legal Theory and Human Rights. Rearticulating Marxism, Liberalism, and the Classical Legal Tradition

2026-08-28T05:04:04+00:00

Does the Chinese academic discourse on human rights differ from the official one as put forward by the Chinese government? How do Chinese legal theories justify the attribution of human rights and their protection through the law in the context of an authoritarian state? Do Chinese academic theorizations on rights and the law have any capacity to influence the wider public debate in China despite the ideological constraints and censorship imposed on academics by the party in power? In order to a[...]

La Corte EDU si pronuncia sulla perseguibilità dei reati commessi dalle vittime di tratta

2026-08-28T05:04:04+00:00

The note to judgment deals with the case of V.C.L. and A.N. v. the United Kingdom (applications nos. 77587/12 and 74603/12), in which the European Court of Human Rights considered for the first time the relationship between Article 4 (prohibition of forced labour) of the European Convention and the prosecution of potential victims of trafficking. In doing so, the Court held unanimously that there had been a violation of Article 4 and of Article 6 (right to a fair trial), since, despite the exist[...]