Policy and Pragmatism in the Conflict of Laws
Policy and Pragmatism in the Conflict of Laws

Author: Michael J. Whincop

Publisher: Routledge

Published: 2018-02-06

Total Pages: 219

ISBN-13: 1351787276

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This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

Policy and Pragmatism in the Conflict of Laws
Policy and Pragmatism in the Conflict of Laws

Author: Michael J. Whincop

Publisher: Routledge

Published: 2018-02-06

Total Pages: 246

ISBN-13: 1351787284

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This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

The Oxford Handbook of Global Legal Pluralism
The Oxford Handbook of Global Legal Pluralism

Author: Paul Schiff Berman

Publisher:

Published: 2020

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Justice for Some
Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Risk Regulation at Risk
Risk Regulation at Risk

Author: Sidney Shapiro

Publisher: Stanford University Press

Published: 2002-09-25

Total Pages: 288

ISBN-13: 080477918X

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In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method for conceiving of and implementing risk regulation than the economic paradigm favored by its critics. While pragmatism offers a methodology in support of risk regulation as it was originally conceived, it also offers a perspective from which this legislation can be held up to critical appraisal. The authors employ pragmatism to support risk regulation, but pragmatism also leads them to agree with some of the criticisms against it, and even to level new criticisms of their own. In the end, the authors reject the picture—painted by risk regulation’s critics—of widely excessive and irrational regulation, but the pragmatic perspective also leads them to propose a number of recommendations for useful reforms to risk regulation.

The Pragmatic Superpower: Winning the Cold War in the Middle East
The Pragmatic Superpower: Winning the Cold War in the Middle East

Author: Ray Takeyh

Publisher: W. W. Norton & Company

Published: 2016-04-18

Total Pages: 475

ISBN-13: 0393285561

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A bold reexamination of U.S. influence in the Middle East during the Cold War. The Arab Spring, Iran’s nuclear ambitions, the Iraq war, and the Syrian civil war—these contemporary conflicts have deep roots in the Middle East’s postwar emergence from colonialism. In The Pragmatic Superpower, foreign policy experts Ray Takeyh and Steven Simon reframe the legacy of U.S. involvement in the Arab world from 1945 to 1991 and shed new light on the makings of the contemporary Middle East. Cutting against conventional wisdom, the authors argue that, when an inexperienced Washington entered the turbulent world of Middle Eastern politics, it succeeded through hardheaded pragmatism—and secured its place as a global superpower. Eyes ever on its global conflict with the Soviet Union, America shrewdly navigated the rise of Arab nationalism, the founding of Israel, and seminal conflicts including the Suez War and the Iranian revolution. Takeyh and Simon reveal that America’s objectives in the region were often uncomplicated but hardly modest. Washington deployed adroit diplomacy to prevent Soviet infiltration of the region, preserve access to its considerable petroleum resources, and resolve the conflict between a Jewish homeland and the Arab states that opposed it. The Pragmatic Superpower provides fascinating insight into Washington’s maneuvers in a contest for global power and offers a unique reassessment of America’s cold war policies in a critical region of the world. Amid the chaotic conditions of the twenty-first century, Takeyh and Simon argue that there is an urgent need to look back to a period when the United States got it right. Only then will we better understand the challenges we face today.

Laws
Laws

Author: Plato

Publisher: DigiCat

Published: 2022-05-28

Total Pages: 573

ISBN-13:

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The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.

The Nature of the Judicial Process
The Nature of the Judicial Process

Author: Benjamin Nathan Cardozo

Publisher:

Published: 1921

Total Pages: 218

ISBN-13:

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

The Hague Judgments Convention and Commonwealth Model Law
The Hague Judgments Convention and Commonwealth Model Law

Author: Abubakri Yekini

Publisher: Bloomsbury Publishing

Published: 2021-08-12

Total Pages: 312

ISBN-13: 1509947094

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This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.