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Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. The Introduction and Chapter 6 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.
Presents an in-depth survey of how lawyers are portrayed in television dramas and comedies. Spanning five decades, 18 contributions refer to about 350 shows (both the famous and the obscure) as well as to more general topics such as science fiction, situation comedies, soap operas, westerns, and lawyers who are female and/or young. The volume features a foreword by the legal advisor to the shows L.A. Law and Paper Chase. Annotation copyrighted by Book News, Inc., Portland, OR
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Sunday is more like Monday than it used to be. The Fourth of July is more like the third. Although time is a feature of the natural world, it is at the same time not natural, but given its meaning by human action and, in our contemporary world, primarily through the law. Rakoff argues that legal regulation of the law has become weaker, with unfortunate results for both individuals and families.
Disciplined by industrial clock time, modern life distances people from nature's biorhythms such as its ecological, evolutionary, and climatic processes. The law is complicit in numerous ways. It compresses time through 'fast-track' legislation and accelerated resource exploitation. It suffers from temporal inertia, such as 'grandfathering' existing activities that limits the law's responsiveness to changing circumstances. Insouciance about past ecological damage, and neglect of its restoration, are equally serious temporal flaws: we cannot live sustainably while Earth remains degraded and unrepaired. Applying international and interdisciplinary perspectives on these issues, Time and Environmental Law explores how to align law with the ecological 'timescape' and enable humankind to 'tell nature's time'. Lending insight into environmental behaviour and impacts, this book pioneers a new understanding of environmental law for all societies, and makes recommendations for its reform. Minding nature, not the clock, requires regenerating Earth, adapting to its changes, and living more slowly.
Law in the Time of Oxymora is dedicated to the apparent rise in recent years in rhetorical devices called "essentially oxymoronic concepts". These concepts include oxymora, contradictions in terms (enantiosis), and paradoxes, which all share the feature of apparent contradictions in their content albeit to varying degrees. In trying to understand the relevance of the rise of these concepts for our lives today and tomorrow, the book tracks and compares them in the different contexts of art, science, and particularly law with a view to deriving important insights into the realms of decision making and governance in the future.
Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.