Time, Law, and Change
Time, Law, and Change

Author: International Conference on Law and Time

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781509930968

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Offering a unique perspective of an overlooked subject, the relationship between time, change, and lawmaking, this edited collection brings together world-leading experts to consider how time considerations and social, political, and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the executive and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and lawmaking. The first part offers both legal,theoretical, and historical perspectives on the influence of time and change on legal interpretation, legislative quality, and constitutional resilience. The second part offers the reader an analysis of the phenomenon of inter-temporality in the constitutional process as well as a theoretical and empirical reflection upon the meaning of the principle of legal certainty and legitimate expectations. The third part of the book analyses how specific times shape the law. By 'specific times' the editors wish to refer to situations that put the rule of law or citizens' protection at stake in different ways. The fourth part addresses the complex relationship between technological change and lawmaking

Time, Law, and Change
Time, Law, and Change

Author: Sofia Ranchordás

Publisher: Bloomsbury Publishing

Published: 2020-04-16

Total Pages: 407

ISBN-13: 1509930949

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Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

Customary International Law in Times of Fundamental Change
Customary International Law in Times of Fundamental Change

Author: Michael P. Scharf

Publisher: Cambridge University Press

Published: 2013-05-31

Total Pages: 241

ISBN-13: 1107276764

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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

Law, Fiction and Activism in a Time of Climate Change
Law, Fiction and Activism in a Time of Climate Change

Author: Nicole Rogers

Publisher: Routledge

Published: 2019-08-14

Total Pages: 271

ISBN-13: 0429878524

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The book examines the narratives of climate change which have developed and which are currently evolving in three areas: law, fiction and activism. Narratives of climate change generated by litigants, judges, writers of fiction and activists are having, and will have, a profound effect on the way we respond to the climate change crisis. Acknowledging the prevalence of unreliable narrators, this book explores the reliability and significance of different forms of climate narrative. The author analyses overlapping themes and points of intersection, considering the recurrent motif of the trickster, the prominence of the child, the significance and ongoing viability of the rights discourse, and the increasingly prevalent emergency framing with its multiple implications for law’s empire. She asks how law, fiction and activism measure up as textual and performative fora for telling the story of climate change and anticipating a climate-changed future. And, in addition, how can they help foster transformative narratives which empower us to confront the climate change crisis? This highly topical, cross-disciplinary work will be of interest to anyone concerned about the growing climate emergency and makes a valuable contribution to climate law, environmental law, the environmental humanities and ecocriticism.

Living Legislation
Living Legislation

Author: William J. Novak

Publisher: University of Chicago Press

Published: 2012-03-16

Total Pages: 367

ISBN-13: 0226396460

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Political scholars examine the dynamic evolution of laws over time in a volume that “pushes the frontiers of knowledge about lawmaking in the US” (Choice). Politics is at its most dramatic during debates over important pieces of legislation. And while debates over legislative measures can rage for years or even decades before an item is enacted, they also endure long afterward, when the political legacy of a law eventually comes into focus. With a diverse set of contributors—including quantitative political scientists, political development scholars, historians, and economists—Living Legislation provides fresh insights into contemporary American politics and public policy. Many of the contributors to this volume focus on the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Others discuss how laws emerge from—and effect change within—coalition structures; the effectiveness of laws at mediating partisan conflicts; and the ways in which laws interact with broader shifts in the political environment. An essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.

Chance, Order, Change: The Course of International Law, General Course on Public International Law
Chance, Order, Change: The Course of International Law, General Course on Public International Law

Author: James Crawford

Publisher: BRILL

Published: 2014-04-29

Total Pages: 537

ISBN-13: 900426809X

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Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law “law” properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well.

The Laws of Scientific Change
The Laws of Scientific Change

Author: Hakob Barseghyan

Publisher: Springer

Published: 2015-08-17

Total Pages: 285

ISBN-13: 3319175963

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This book systematically creates a general descriptive theory of scientific change that explains the mechanics of changes in both scientific theories and the methods of their assessment. It was once believed that, while scientific theories change through time, their change itself is governed by a fixed method of science. Nowadays we know that there is no such thing as an unchangeable method of science; the criteria employed by scientists in theory evaluation also change through time. But if that is so, how and why do theories and methods change? Are there any general laws that govern this process, or is the choice of theories and methods completely arbitrary and random? Contrary to the widespread opinion, the book argues that scientific change is indeed a law-governed process and that there can be a general descriptive theory of scientific change. It does so by first presenting meta-theoretical issues, divided into chapters on the scope, possibility and assessment of theory of scientific change. It then builds a theory about the general laws that govern the process of scientific change, and goes into detail about the axioms and theorems of the theory.

Tort Law and the Construction of Change
Tort Law and the Construction of Change

Author: Kenneth S Abraham

Publisher:

Published: 2024-03-04

Total Pages: 0

ISBN-13: 9780813951461

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"This book has evolved out of a series of jointly authored articles on torts that we published in law reviews between 2013 and 2021."--

Law/Society
Law/Society

Author: John Sutton

Publisher: Pine Forge Press

Published: 2001

Total Pages: 324

ISBN-13: 9780761987055

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A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.