Towards A Truly Common Law

Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521812313
Size: 23.85 MB
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In this book the author argues for a rule of law that is common in every sense of the word: accessible to all rather than reserved exclusively for officials, common to the various legal sectors despite increasing specialization, and common ...

Law After Modernity

Author: Sionaidh Douglas Scott
Publisher: Bloomsbury Publishing
ISBN: 1782251197
Size: 22.50 MB
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SFC Milsom evoked the chaotic quality of the early common law, writing, 'In the. 1
As Mireille Delmas-Marty has written, 'An orderly landscape. That is what we
want. We ask law for a little order, to protect us from disorder.' M Delmas-Marty,
Towards a Truly Common Law (Cambridge, Cambridge University Press, 2002) 7
. 2 M Koskenniemi, 'Global Legal Pluralism: Multiple Regimes and Multiple
Modes of Thought', paper given at Harvard Law School (5 March 2005). 3 Cited
in N ...

Ordering Pluralism

Author: Mireille Delmas-Marty
Publisher: Bloomsbury Publishing
ISBN: 1847315313
Size: 10.94 MB
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2 Ibid., p 137. 3 See M Delmas-Marty, Pour un droit commun (Paris, Seuil, 1994)
pp 53 ff (English version: N Norberg (trans), Towards a Truly Common Law (
Cambridge, CUP, 2002) pp 31 ff); Les Forces imaginantes du droit (I): Le Relatifet
l'Universel (Paris, Seuil, 2004) pp 171 ff. See also C Thibierge, 'Sources du droit,
sources de droit: cartographie des sources' in Mélanges Jestaz (Paris, Dalloz,
2006). 4 J Chevallier, L'Etat postmoderne 2nd edn (Paris, LGDJ, 2004)

International Water Law And The Quest For Common Security

Author: Bjørn-Oliver Magsig
Publisher: Routledge
ISBN: 1317596781
Size: 14.47 MB
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In realising that the current legal framework governing transboundary
watercourses is not able to overcome state-centrism and truly level the playing
field, the question arises: which conceptual change is needed in order to help
international water law move towards this aim? Is it possible to carve out an
alternative approach to challenge the orthodox strategy in transboundary water
cooperation? Would such an approach have to follow a rather radical path of
recognising our freshwater ...

An Introduction To The Law Of International Criminal Tribunals

Author: Geert-Jan Knoops
Publisher: Martinus Nijhoff Publishers
ISBN: 904742901X
Size: 50.29 MB
Format: PDF
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In 2000, the second President of the icty, Judge Gabriella Kirk McDonald, wrote
that the tribunals' rpe “are truly unique and are not simply a hybrid of the civil and
common law systems.”2 Be that as it may, it is true that the rpe and practice of the
icty do not seem to lean in any significant degree toward one or the other of these
two primary legal traditions, although icty judges adopt an essentially adversarial
form of proceedings. Nonetheless, while the first few trials at the icty closely ...

Environmental Protection And The Common Law

Author: John Lowry
Publisher: Bloomsbury Publishing
ISBN: 1847310850
Size: 10.52 MB
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For further examples see Department of the Environment, This Common
Inheritance: Britain's Environmental Strategy (Cmnd 1200, London, HMSO, 1990)
. 11 (1866) LR 1 Ex. 265. 12 The important role of foreseeability in the two torts
will, of course, continue to occlude the aspiration towards truly strict liability.
Eekelaar captured the point succinctly when he observed that “if liability is
dependent upon establishing that the defendant was, or should have been,
aware of the likelihood of ...

The History Of The Common Law Of England And An Analysis Of The Civil Part Of The Law 6 Ed Etc

Author: Matthew Hale
Size: 40.71 MB
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Thirdly, others say, and that most truly, that it is called the common law, because
it is the common municipal law, or rule of justice, in this kingdom. So that Lew
Communis, or, Jus Communis, is all one and the same with, Ler Patria, or, Jus
Patrium. For although there are divers particular laws, some by custom, applied
to particular places, and some to particular causes, yet that law, which is common
to the generality of all persons, things, and causes, and has a superintendency
over ...

Judges And Unjust Laws

Author: Douglas E. Edlin
Publisher: University of Michigan Press
ISBN: 0472116622
Size: 31.48 MB
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But common law review can ‹t even within the English legal tradition. The English
common law system has the most restrictive notion of stare decisis, the most
monolithic conception of legislative supremacy, and the least powerful judiciary
in the common law world. The con›uence of these factors has led one
jurisprudential provocateur to allege that England is more truly a civil law than a
common law nation.1 While this goes too far, it is one of the great ironies of legal
history that the ...