A Comparative Study of the Formation of Contracts in Japanese, English, and German Law

A Comparative Study of the Formation of Contracts in Japanese, English, and German Law

Author: Anna Katharina Suzuki-Klasen

Publisher:

Published: 2021-07

Total Pages: 625

ISBN-13: 9783848771288

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The basic elements of a contract, namely, offer and acceptance, the intention to be bound, and consideration, and requirements of form found in English, German, and Japanese law are compared against the background of their historical development, the legal consciousness and practices existing in these countries. In this way, awareness is built both of the theoretical or practical differences and the underlying socio-cultural reasons. This in turn aids in the comprehension of why certain variations exist, which, although sometimes deceptively small, may have great importance for contracting in practice.


Conservative Parties and the Birth of Democracy

Conservative Parties and the Birth of Democracy

Author: Daniel Ziblatt

Publisher: Cambridge University Press

Published: 2017-04-18

Total Pages: 448

ISBN-13: 9780521172998

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How do democracies form and what makes them die? Daniel Ziblatt revisits this timely and classic question in a wide-ranging historical narrative that traces the evolution of modern political democracy in Europe from its modest beginnings in 1830s Britain to Adolf Hitler's 1933 seizure of power in Weimar Germany. Based on rich historical and quantitative evidence, the book offers a major reinterpretation of European history and the question of how stable political democracy is achieved. The barriers to inclusive political rule, Ziblatt finds, were not inevitably overcome by unstoppable tides of socioeconomic change, a simple triumph of a growing middle class, or even by working class collective action. Instead, political democracy's fate surprisingly hinged on how conservative political parties - the historical defenders of power, wealth, and privilege - recast themselves and coped with the rise of their own radical right. With striking modern parallels, the book has vital implications for today's new and old democracies under siege.


Adversarial Case-Making

Adversarial Case-Making

Author: Thomas Scheffer

Publisher: BRILL

Published: 2010-09-24

Total Pages: 326

ISBN-13: 9004187502

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Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.


Shadow Libraries

Shadow Libraries

Author: Joe Karaganis

Publisher: MIT Press

Published: 2018-05-04

Total Pages: 321

ISBN-13: 0262345706

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How students get the materials they need as opportunities for higher education expand but funding shrinks. From the top down, Shadow Libraries explores the institutions that shape the provision of educational materials, from the formal sector of universities and publishers to the broadly informal ones organized by faculty, copy shops, student unions, and students themselves. It looks at the history of policy battles over access to education in the post–World War II era and at the narrower versions that have played out in relation to research and textbooks, from library policies to book subsidies to, more recently, the several “open” publication models that have emerged in the higher education sector. From the bottom up, Shadow Libraries explores how, simply, students get the materials they need. It maps the ubiquitous practice of photocopying and what are—in many cases—the more marginal ones of buying books, visiting libraries, and downloading from unauthorized sources. It looks at the informal networks that emerge in many contexts to share materials, from face-to-face student networks to Facebook groups, and at the processes that lead to the consolidation of some of those efforts into more organized archives that circulate offline and sometimes online— the shadow libraries of the title. If Alexandra Elbakyan's Sci-Hub is the largest of these efforts to date, the more characteristic part of her story is the prologue: the personal struggle to participate in global scientific and educational communities, and the recourse to a wide array of ad hoc strategies and networks when formal, authorized means are lacking. If Elbakyan's story has struck a chord, it is in part because it brings this contradiction in the academic project into sharp relief—universalist in principle and unequal in practice. Shadow Libraries is a study of that tension in the digital era. Contributors Balázs Bodó, Laura Czerniewicz, Miroslaw Filiciak, Mariana Fossatti, Jorge Gemetto, Eve Gray, Evelin Heidel, Joe Karaganis, Lawrence Liang, Pedro Mizukami, Jhessica Reia, Alek Tarkowski


Civil War Day by Day

Civil War Day by Day

Author: E.B. Long

Publisher: Doubleday

Published: 2012-06-06

Total Pages: 1437

ISBN-13: 0307819043

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“In all the vast collection of books on the American Civil War there is no book like this one,” says Bruce Catton. Never before has such a stunning body of facts dealing with the war been gathered together in one place and presented in a coherent, useful, day-by-day narrative. And never before have statistics revealed human suffering of such heroic and tragic magnitude. The text begins in November, 1860, and ends with the conclusion of hostilities in May, 1865, and the start of reconstruction. It is designed to furnish the reader not only with information, but to tell a story. Here, in addition to the momentous events that are a familiar part of our history, the daily entries recount innumerable lesser military actions as well as some of the other activities and thoughts of men great and unknown engaged in America’s most costly war: · May 5, 1864—a private in the Army of Northern Virginia writes at the beginning of the Battle of the Wilderness, “It is a beautiful spring day on which all this bloody work is being done.” · May 6, 1864—Gen. Lee rides among his men and is shouted to the rear by his protective troops. · April 30, 1864—Joe David, five-year-old son of the Confederate President, dies after a fall from the high veranda of the White House in Richmond. · April 14, 1865—President Lincoln’s busy day includes a Cabinet meeting where he tells of his recurring dream of a ship moving with great rapidity toward a dark and indefinite shore; that night Mr. Lincoln attends a performance of a trifling comedy at Ford’s Theatre, “Our American Cousin”.