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Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld (Classical Jurisprudence Series)

by David Campbell Philip Thomas

Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

Fundamental Principles of EU Law Against Money Laundering

by Emmanuel Ioannides

This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.

Fundamental Principles of Law and Economics

by Alan Devlin

This textbook places the relationship between law and economics in its international context, explaining the fundamentals of this increasingly important area of teaching and research in an accessible and straightforward manner. In presenting the subject, Alan Devlin draws on the neoclassical tradition of economic analysis of law while also showcasing cutting- edge developments, such as the rise of behavioural economic theories of law. Key features of this innovative book include: case law, directives, regulations, and statistics from EU, UK, and US jurisdictions are presented clearly and contextualised for law students, showing how law and economics theory can be understood in practice; succinct end- of-chapter summaries highlight the essential points in each chapter to focus student learning; further reading is provided at the end of each chapter to guide independent research. Making use of tables and diagrams throughout to facilitate understanding, this text provides a comprehensive overview of law-and-economics that is ideal for those new to the subject and for use as a course text for law-and-economics modules.

Fundamental Principles of the Metaphysics of Morals

by Immanuel Kant

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers.In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory.Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history.

Fundamental Principles of the Metaphysics of Morals

by Immanuel Kant

Kant's Fundamental Principles of the Metaphysics of Morals is one of the most important works in modern moral philosophy. It belongs beside Plato, Aristotle, Machiavelli, and Hobbes. Here Kant sets out to articulate and defend the Categorical Imperative-- the fundamental principle that underlies moral reasoning-- and to lay the foundation for a comprehensive account of justice and human virtues.

Fundamental Principles of the Sociology of Law

by Eugene Ehrlich Klaus A. Ziegert

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922), is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Fundamental Rights: The European And International Dimension

by Janneke Gerards

Fundamental Rights: History of a Constitutional Doctrine

by Milton Konvitz

One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

Fundamental Rights and Private Law in Europe: The Case of Tort Law and Children

by Nuno Ferreira

The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

Fundamental Rights and the Legal Obligations of Business (Cambridge Studies in Constitutional Law)

by David Bilchitz

Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

Fundamental Rights Challenges: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation

by Cristina Izquierdo-Sans Carmen Martínez-Capdevila Magdalena Nogueira-Guastavino

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

Fundamental Rights in the EU Area of Freedom, Security and Justice

by Sara Iglesias Sánchez Maribel González Pascual

The development of the Area of Freedom, Security and Justice has transformed the European Union and placed fundamental rights at the core of EU integration and its principles of mutual recognition and trust. The impact of the AFSJ in the development of an EU standard of fundamental rights, which has come to the fore since the Treaty of Lisbon, is a topic of great theoretical and practical importance. This is the first systematic academic study of the AFSJ and its implications from the point of view of fundamental rights. The contributions to this collection examine the normative and jurisprudential development of the AFSJ in order to assess its effects on the overall construction of the scope and standards of protection of EU fundamental rights in this particularly complex and sensitive field of integration. The expert contributors systematically map and critically assess this area of EU law, together with the relevant case-law.

Fundamental Social Rights at Work in the European Community (Routledge Revivals)

by Alan C. Neal

First published in 1999, this volume examines how the challenge of defining and developing an effective structure of fundamental social rights for workers has long been a focus for debate at European level. Even before the emergence of the 1989 Charter of Fundamental Social Rights of Workers, proposals were being made to incorporate 'fundamental rights' provisions into the Treaties establishing the European Communities. Consequently, when a distinguished Comité des Sages produced its 1996 report For a Europe of Civic and Social Rights, the stage was set for intensive debate as to the way forward.

Fundamental Trial Advocacy (American Casebook Series)

by Charles Rose

This book builds upon the success of earlier editions, providing a structure that is scalable regardless of the type of case an advocate finds themselves confronting. The focus on case analysis remains a strong point in the 3rd edition, with additional online resources included to truly immerse the student in every fundamental advocacy skill discussed in the text. Students can enter the text where they see fit, focusing immediately upon the specific skill they wish to develop. <P><P>The book is written holistically, with a commitment to the development of core competencies and advocacy skills interwoven throughout the text. This allows the advocate using the text to learn fundamentals and overarching concepts at the same time - greatly increasing their initial understanding and depth of learning. <P><P>This book is fundamentally different from any other advocacy book on the shelves today, and it is a difference that matters. The commitment to structure has resulted in an approach that unlocks the legal storyteller within every advocate studying the text. They are set free to tell stories that matter, ask questions that are necessary, and deliver arguments that move others, the essence of advocacy.

Fundamentalism In American Religion And Law

by David A. J. Richards

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Fundamentalism or Tradition: Christianity after Secularism (Orthodox Christianity and Contemporary Thought)

by R. Scott Appleby Nikolaos Asproulis Brandon Gallaher Paul J. Griffiths Vigen Guroian Dellas Oliver Herbel Edith M. Humphrey Slavica Jakelić Nadieszda Kizenko Wendy Mayer Brenna Moore Graham Ward Darlene Fozard Weaver

Traditional, secular, and fundamentalist—all three categories are contested, yet in their contestation they shape our sensibilities and are mutually implicated, the one with the others. This interplay brings to the foreground more than ever the question of what it means to think and live as Tradition. The Orthodox theologians of the twentieth century, in particular, have emphasized Tradition not as a dead letter but as a living presence of the Holy Spirit. But how can we discern Tradition as living discernment from fundamentalism? What does it mean to live in Tradition when surrounded by something like the “secular”? These essays interrogate these mutual implications, beginning from the understanding that whatever secular or fundamentalist may mean, they are not Tradition, which is historical, particularistic, in motion, ambiguous and pluralistic, but simultaneously not relativistic.Contributors: R. Scott Appleby, Nikolaos Asproulis, Brandon Gallaher, Paul J. Griffiths, Vigen Guroian, Dellas Oliver Herbel, Edith M. Humphrey, Slavica Jakelić, Nadieszda Kizenko, Wendy Mayer, Brenna Moore, Graham Ward, Darlene Fozard Weaver

Fundamentals and Advances in Medical Biotechnology

by Mumtaz Anwar Riyaz Ahmad Rather Zeenat Farooq

This book serves as an introduction to the concepts of medical biotechnology, with great details about fundamentals and early disciplines of study as well as emerging fields and the latest research. The book follows a chronological order from the earliest discoveries and breakthroughs of medical biotechnology to the latest areas of study. The book contains up-to-date citations for each chapter and section, which makes it easy for the reader to understand the concept and also to follow the latest developments in the particular area. It is an ideal book for undergraduate and graduate students who aspire to derive basic knowledge and are also keen on learning about the latest advancements in the field of medical biotechnology.

Fundamentals of Board Busyness and Corporate Governance (Contributions to Management Science)

by Vu Quang Trinh

This book delivers the essential concepts and theoretical perspectives of corporate governance and board busyness. It uses the unique context of a dual banking system to capture the potential effects of such aspects on corporate outcomes. Board busyness refers to a board with a substantial proportion of “busy” members who hold multiple directorships. In most cases, directors are “over-boarded,” which means that they hold an excessive number of seats across different boards. The busyness of individuals is gauged to infer their monitoring and recommending abilities through their involvement, efforts, knowledge, skills, and experience, and hence, their behaviour in financial contexts. Yet an assessment of board busyness and its effects is challenging and inconclusive concerning the two opposing arguments surrounding this board attribute: reputation and busyness. The book is the first to thoroughly discuss this up-to-date concept within the dual banking system, and it is designed to help new researchers in this field and students boost their research and academic careers.

Fundamentals of Business Organizations for Paralegals (3rd Edition)

by Deborah E. Bouchoux

Fundamentals of Business Organizations for Paralegals, Third Edition, offers a concise treatment of all of the forms of business organizations in the United States. The author provides thorough, succinct treatment of all pertinent topics, making this book the ideal choice for instructors who teach a shorter course and need a text that covers critical topics with a more straightforward approach. Attentive To The fundamentals paralegal students need to know, this concise paperback provides: a basic and thorough understanding of all the various types of business organizations in a direct and concise format a discussion of each form of business organization, including the nature of the entity, advantages and disadvantages, formation of the entity, operation and management, transferability of ownership, dissolution, and tax consequences more in-depth treatment of Limited Liability Partnerships and Limited Liability Companies than other texts useful exhibits and charts that highlight important topics and sample forms that are integrated with the textual discussion throughout the book Internet resources in each chapter that direct readers to Internet sites that may provide additional information, forms, or agreements Key Terms defined in the margins for easy reference, practice tips in each chapter that provide pragmatic information for paralegals, lists of relevant websites and of tasks commonly performed by paralegals, and a complete glossary that provides an easy reference for terminology Case Illustrations -- brief summaries of cases that illustrate one of the concepts or topics addressed in the chapter Discussion Questions in each chapter that stimulate class discussion and ensure that students Understand The material a complete ancillary package, including an instructor's manual with a test bank and PowerPoint slides. The Instructor's Manual will also provide additional forms, such as tax forms, not included in the text New to Third Edition: each chapter includes all new discussion questions, Internet questions, and Case Illustrations Chapter 6 discusses Revised Uniform Limited Liability Company Act Chapter 10 discusses new trends in corporate governance, such as the move toward electing boards of directors by majority rather than plurality vote, The move toward eliminating staggered or classified boards of directors, new SEC rules and regulations, And The availability of proxy materials on the Internet coverage of the 2008 financial crisis Clear and To The point, Fundamentals of Business Organizations for Paralegals is an excellent, concise treatment of the basics of business organizations, providing students with a thorough understanding of essential topics.

Fundamentals of California Litigation for Paralegals (Aspen Paralegal Series)

by Marlene A. Maerowitz Thomas A. Mauet

Fundamentals of Litigation for California Paralegals, Seventh Edition offers a complete understanding of the litigation process from the time the client walks into the office through to trial and post-judgment, including settlements and alternative forms of resolutions. Tailored to California practice, the authors’ successful, balanced approach presents a complete overview of the litigation process, with clear explanations and examples of the rules and procedures. <p><p>The text’s flexible organization allows the instructor to easily pick and choose the areas to cover in the course. Intended specifically for California paralegals, each chapter references specific California statutes, and relevant California forms are included throughout the book.

Fundamentals Of California Litigation For Paralegals

by Thomas A. Mauet Marlene Maerowitz

Fundamentals of California Litigation for Paralegals offers a complete understanding of the litigation process from the time the client walks into the office through trial and post-judgment. Its balanced approach does not oversimplify the process, but covers the right amount of rules and procedures for students to embrace. Tailored to the California rules, each chapter references the specific California statute where further information can be found. California forms are included throughout the text. Abundant study aids make the material highly accessible and include bold-face terms defined in the glossary; numerous examples, charts, checklists, and sample documents; chapter overviews and summaries; and review questions.

Fundamentals Of Corporate Taxation (University Casebook Ser.)

by Stephen Schwarz Daniel Lathrope

Fundamentals of Corporate Taxation (University Casebook Series) 10th Edition

Fundamentals of Court Interpretation: Theory, Policy and Practice

by Roseann D. Gonzalez Victoria F. Vasquez Holly Mikkelson

This volume explores court interpreting from legal, linguistic, and pragmatic vantages. Because of the growing use of interpreters, there is an increasing demand for guidelines on how to utilize them appropriately in court proceedings, and this book provides guidance for the judiciary, attorneys, and other court personnel while standardizing practice among court interpreters themselves. <p><p> The new edition of the book, which has become the standard reference book worldwide, features separate guidance chapters for judges and lawyers, detailed information on title VI regulations and standards for courts and prosecutorial agencies, a comprehensive review of U.S. language policy, and the latest findings of research on interpreting.

Fundamentals of Criminal Law: Caught in the Act

by Daniel E. Hall

Fundamentals of Criminal Law: Caught in the Act offers an accessible, comprehensive and contemporary survey of the field. With a focus on the current state of the law and on contemporary problems that matter to students, all presented in way that piques curiosity and interest, this book will cover topics such as hate crime, free speech, human trafficking, firearms possession and use, self-defense, cybercrime, and Internet stalking. Author Daniel E. Hall has written engaging content to help students think critically about how criminal acts are defined, defended, and determined. Built around a conversational narrative, the concepts and optional case studies connect to real life. There is also a clear emphasis on cases and examples that are relevant to criminal justice majors and future practitioners, such as litigation against police and correctional officers, terrorism, the death penalty, corporal punishment in prisons, etc. Try these free Criminal Law activities in your class This title is accompanied by a complete teaching and learning package. Contact your SAGE representative to request a demo. Digital Option / Courseware SAGE Vantage is an intuitive digital platform that delivers this text’s content and course materials in a learning experience that offers auto-graded assignments and interactive multimedia tools, all carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers simple course set-up and enables students to better prepare for class. Learn more. LMS Cartridge (formerly known as SAGE Coursepacks): Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.

Fundamentals of Criminal Law: Caught in the Act

by Daniel E. Hall

Fundamentals of Criminal Law: Caught in the Act offers an accessible, comprehensive and contemporary survey of the field. With a focus on the current state of the law and on contemporary problems that matter to students, all presented in way that piques curiosity and interest, this book will cover topics such as hate crime, free speech, human trafficking, firearms possession and use, self-defense, cybercrime, and Internet stalking. Author Daniel E. Hall has written engaging content to help students think critically about how criminal acts are defined, defended, and determined. Built around a conversational narrative, the concepts and optional case studies connect to real life. There is also a clear emphasis on cases and examples that are relevant to criminal justice majors and future practitioners, such as litigation against police and correctional officers, terrorism, the death penalty, corporal punishment in prisons, etc. Try these free Criminal Law activities in your class This title is accompanied by a complete teaching and learning package. Contact your SAGE representative to request a demo. Digital Option / Courseware SAGE Vantage is an intuitive digital platform that delivers this text’s content and course materials in a learning experience that offers auto-graded assignments and interactive multimedia tools, all carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers simple course set-up and enables students to better prepare for class. Learn more. LMS Cartridge (formerly known as SAGE Coursepacks): Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.

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Showing 12,776 through 12,800 of 33,275 results