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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.
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
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.
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.
An Introductory Text to Designing Complex Systems and Managing Change --
"This book has evolved out of a series of jointly authored articles on torts that we published in law reviews between 2013 and 2021."--
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.
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.