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Beyond the public-private law divide?

Beyond the public-private law divide?



The Third Annual NILG Conference took place at Wageningen University on 29 November 2011. The conference was themed `Law & Governance  Beyond the Public-Private Law Divide?. A governance approach focuses on all institutions that pursue policy goals. During the conference, the main question discussed was what this approach means for legal research and legal practice. Is the distinction between public and private law still relevant? Can the governance approach enrich methodologies of legal research? Can this approach further new types of regulation, in which the market or civil society organizations have an important input and/or which require more technical expertise?;

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Criminal liability for serious traffic offences

Criminal liability for serious traffic offences



The criminal law on serious traffic offences is a fascinating area. The traffic context presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking (momentary inattention)? Another controversial issue concerns highly culpable behaviour that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? Courts dealing with serious traffic offences face equally difficult questions. The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offences. The essays on the Netherlands, England and Wales, France, Germany and Spain reveal that there are enormous differences in both drafting and interpretation of serious traffic offences. The other essays elaborate respectively on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation and the concept of conditional intent in relation to extremely dangerous traffic behaviour. This book aims to generate valuable insights for legal scholars, legislators and practitioners all over the world. 

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Euro 44.99


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Debated Damaged




Louis Visscher

In his inaugural lecture, Louis Visscher discusses three forms of ‘debated damages’ from an economic perspective. First, pain and suffering damages for personal injuries are regarded as too low in the Netherlands, but a framework to assess the ‘correct magnitude’ is lacking. Visscher argues that the concept of Quality Adjusted Life Years (QALYs) can offer such a framework. Applying QALYs, the author concludes that Dutch damages indeed are too low. Second, a recent draft bill proposes affection damages for relatives of a victim who is seriously injured or killed. Visscher welcomes this, but argues on the basis of economic insights that the envisaged amounts are too low.Third, mass litigation is not allowed to have the object of seeking monetary compensation. A recent draft bill proposes to strike this prohibition. Visscher welcomes this, because mass damages litigation has several potential benefits. Whether the draft bill sketches aneconomically optimal procedure, however, is questionable.

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Evolution in dispute resolution



The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts. There is no general model for ‘the’ best way of settling disputes. Instead, what is the most suitable way of settling disputes highly depends on contextual factors, such as the nature of the parties involved, the nature of the relationship between them, the economic and/or moral value of the dispute, the cross-jurisdictional nature of the dispute, etc. This book aims to assess the way in which the nature of dispute resolution has evolved. With one mostly conceptual chapter and three chapters that analyse examples from radically different contexts, it makes clear that disputes are evolved within vastly different governance structures. Considering similar questions in different contexts, the chapters show how the evolution of dispute resolution has not only been shaped by the nature of disputes themselves and the type of parties involved, but also by the values that different systems try to protect.

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Innovating justice

Innovating justice




Sam Muller

This book offers you: Great examples of justice innovation - Advice on how to put your justice innovation act together - Help with creating a justice strategy for your country - Methods for improving your justice system at home, at work or in the community - Inspiration for the hard work that is needed to get it done This book is based on: 162 cumulative years of research and development in the justice sector by the team of authors - Key insights shared with us by more than 60 of the best justice innovators - Experiences with innovations from more than 50 countries - Reviews of the literature on innovation and reform in courts, legal services and law making institutions - What we learned from 70 rule of law experts who lead the Innovating Justice network and the countless projects they did in every corner of the world In this book we show that innovation in the justice sector is there. But the deep-seated traditions and rituals are much more visible. Now, more than ever, people are speaking up and acting to change that. They break rules of tradition and cure pains that have been lingering for far too long. Peoples future, and even their lives are at stake. An innovating justice movement can relieve the pain that will continue if courts, crime prevention and other legal services do not deliver what people need in their most difficult moments. It can make relationships between people more secure, prosperous, fair and emotionally rewarding.






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Integrated care




Guus Schrijvers



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International criminal law

International criminal law



Dit is het e-book uittreksel behorend bij het boek 'International criminal law' (1e druk; ISBN 199259119 ) van Antonio Cassese. Uittreksels van StudentsOnly bieden je een goede manier om de stof uit het boek nog sneller en makkelijker onder de knie te krijgen. Ze geven beknopt - in ca. 10% van het aantal pagina's van het boek - een compleet overzicht van alles wat belangrijk is. In het uittreksel wordt regelmatig naar pagina's, paragrafen, tabellen of figuren in het boek verwezen; het is dan ook moeilijk te gebruiken zonder het boek, maar des te beter samen met het boek. 






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Legal education and judicial training in Europe

Legal education and judicial training in Europe



Menu for Justice is the first European project that takes seriously the issue of how the new generation of Europeans should be trained in law and legal matters and how experts in law and the judicial process can develop new skills and competences to effectively face the challenges of a common judicial space. This project has been funded with support from the European Commission. The project takes up a major issue in contemporary judicial politics: to what extent and by which means can legally relevant expertise be supported to ensure an efficient, effective, and legitimate judicial system? This, of course, is not only a matter of policies and of organisation of judicial administrations. It is also a matter of how lawyers and for more specific functions, judges, are trained considering the current, rapidly changing societal circumstances. By devoting three years to joint working among fifty partners in Europe, this project aims to assess the key gaps in legal and judicial education in all European countries at all stages of education: from undergraduate to graduate and PhD programs in universities to vocational training of lawyers and judges. By assessing the state of the art of education for law students, lawyers and judges in Europe, Menu for Justice aims to provide vital information to policy makers considering the development of an innovative curriculum studiorum in judicial studies. It will also provide European institutions and the public with basic guidelines for monitoring the way legal and judicial training are changing in Europe.

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Euro 44.99


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Legal education in Asia

Legal education in Asia



This book contains a scholarly analysis of the status of legal education in fourteen Asian countries namely Bangladesh, China, Hong Kong, India, Iran, Israel, Japan, Jordan, Russia, South Korea, Taiwan, Thailand, Turkey and Vietnam. What these countries have in common is the increasing acceptance of the rule of law as the organizing principle of governance and pluralism as a fact of life. Law is an integrating element reflecting cultural pluralism amidst social and economic inequalities and political power struggles. The challenge before legal educators in the region is to re-structure legal education in such a way that while retaining the confidence of the people in the judicial apparatus, those who operate the system are trained to make justice accessible and affordable to every person irrespective of their status and income. The present volume provides valuable insights into how the mission is being pursued by legal educators in different countries of the region many of which have legal traditions dating back to ancient times.

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Euro 64.99


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Practical legal English: legal terminology

Practical legal English: legal terminology




Helen Gubby

Legal English is a professional language. This means that a good command of ordinary English does not automatically make a student proficient in legal English. A command of legal English is not just a desirable academic skill. It has become an absolute 'must' for todays legal professionals working in internationally orientated environments. This book offers: vocabularies providing sets of legal terminology associated with the legal system, civil procedure, tort, contract law and company law; text putting the terms in the vocabularies into their legal context; case discussion questions in order to practice using the terminology; knowledge questions to ensure that the reader has understood the legal concepts. 

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Euro 23.99


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Referral to mediation

Referral to mediation




Machteld Pel

This book provides valuable advice for sound conflict diagnosis and a professional mediation proposal, along with countless practical hints and tips based on many years of experience and research.

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Euro 37.50


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The future in law and finance




Alessio Maria Pacces

Finance is all about the future. The success of a capitalist economy rests upon the ability of finance to sustain potentially infinite growth, based on funding today the output of tomorrow. Finance, however, needs rules. The aim of the law and finance scholarship is precisely to identify the best regulation of finance to support economic growth. Traditionally, law and finance is concerned with investor protection. This would be sufficient if the future was predictable. However, because the future is in fact uncertain, the prices of financial assets are flawed and in the short run they may result in serious mistakes, if not widespread crises. Although these mistakes are corrected in the long run, a lot of harm may occur in the meantime. Drawing on the experience from the global financial crisis, in this lecture it is argued that financial law should be concerned not only with investor protection, but also with mitigating the temporary excesses of markets in allowing or restricting access to finance. The challenge of this goal is to remedy market malfunctioning without undermining market discipline. However imperfect, prices remain the best instrument of discipline and growth in a market economy. Several policy implications may be derived from this approach. This lecture focuses on the unique role of central banks in regulating liquidity and on how corporate governance can fill in the gaps of banking regulation in the face of uncertainty.

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The work of authorship

The work of authorship



Technological and economic concerns have long been the drivers of debate about copyright. But diverse disciplines in the humanities - including literary studies, aesthetics, film studies, and the philosophy of art - have a great deal to offer if we wish to establish a more nuanced and useful conception of copyright and authorship. This volume brings together scholars from a range of disciplines to explore the challenges inherent in translating aesthetics and creativity studies to concepts of copyright, especially as longstanding approaches are troubled by the rise of the digital. "Inspired and inspiring. A multidisciplinary work on the complexities of authorship (and ownership) that will appeal to an equally multidisciplinary readership." -- Eva Hemmungs Wirtén, Professor in Library and Information Science, Uppsala University. "This volume sits at the center of important questions concerning authorship, creativity and copyright. By investigating how copyright scholars may benefit from insights gained in various humanities disciplines, it makes a truly interdisciplinary, highly relevant and much needed contribution to copyright scholarship." -- Helle Porsdam, Professor of American Studies at the University of Copenhagen. "This is a timely and important work, examining the concept of authorship as understood both in copyright law and in the creative communities that law purports to regulate. The existence of gaps between legal and popular concepts of authorship is not inherently problematic. But the growing breadth of the gaps prompts reconsideration of the fundamental purposes of copyright. And current development of core copyright doctrines such as originality or intellectual creation would surely benefit from an appreciation of these gaps. This book paints the legal and non-legal landscape, probes the profound theoretical questions, and suggests concrete doctrinal reforms. As such, it will be essential reading for students, scholars, practitioners and policymakers." ,-- Professor Graeme B. Dinwoodie, Professor of Intellectual Property and Information Technology Law University of Oxford. 






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Towards innovation in legal education



Menu for Justice Toward a European Curriculum Studiorum on Judicial Studies is an EU research project aimed to develop guidelines for a European curriculum of studies. This book brings together the research papers of this project dealing with innovation in judicial studies. It shows the need for innovation of legal education, the current trends and difficulties, and finally, the opportunities offered by innovation.The contributors present proposals and suggestions how legal training could support the development of adequate knowledge, professional skills and increase the competences of lawyers. This book is a companion volume to Legal Education and Judicial Training in Europe.

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Euro 25.99


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When private actors contribute to public interests

When private actors contribute to public interests



This volume of the Netherlands Institute for Law and Governance Series is the result of a PhD Roundtable Forum on the theme: `When Private Actors Contribute to Public Interests held on the 19th April 2012 in Amsterdam, the Netherlands. Traditionally, when we think of the actors responsible for securing or protecting fundamental interests of society, we think of public actors state authorities, government officials, the judiciary, enforcement officers, and politicians. However, the focus of this book is to reflect on the role private actors play in regard to fundamental interests of society the degree of interaction between private actors and public actors, and the processes and instruments that arise. The concomitant appearance of new or revised forms of governance, together with the growing role of private actors, nonetheless, raises questions about legitimacy, accountability, participation and transparency. These questions are addressed throughout this book. 

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Fair play on both sides

Fair play on both sides




Dick Allewijn

This book is about mediations involving public authorities. Dick Allewijn draws on his wealth of experience as an administrative judge and mediator in confl icts between public authorities and citizens to explore the distinctive aspects of these confl icts. He provides insights and strategies to help mediators do the best possible job. He analyses the various relationships and explains how mediation can improve them. Formal procedures invariably revolve around the legality of the actions taken by a public authority, but most citizens who challenge a public authority are concerned with fairness rather than legality. Public authorities have barely any room to manoeuvre on points of law but they can show a willingness to treat people fairly. In return, the public authorities ask citizens to be honest and state their case openly. By agreeing on a certain behavioural protocol the public authority and the citizen can take a step towards each other. This is much more in keeping with what mediation is about than situations in which citizens petition public authorities and public authorities operate strictly by the book. This book was written primarily for mediators who meet public authorities at their negotiating table. But other professionals will find it useful as well: public sector officials who want to hone their conflict management skills, legal counsels, managers who have to regulate conflict-management procedures in their own organization, and the various people who refer cases for mediation such as administrative judges, chairs of appeal boards, and complaint handlers. And, last but certainly not least, citizens who feel frustrated by the bureaucratic procedures in government agencies and want to do battle with them. Hopefully, they too will realize the benefits that can be gained by `fair play on both sides. 

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Understanding Dutch Law

Understanding Dutch Law




Sanne Taekema

The book can be used as a introduction to Dutch law for foreign students and others who are interested in the legal system of the Netherlands. Previous knowledge of law is useful but not necessary. Each legal system has its peculiarities and Dutch law is no exception. To understand a legal system profoundly, it is not enough to study the legal rules in isolation. In this book, the Dutch legal system is explained in relation to its values and cultural background. The basics of the main areas of law, constitutional, criminal and private law, are discussed clearly. In addition, specific topics are introduced in which the connection between Dutch law and its culture and values are investigated in detail: legislation, criminal drugs policy, and family law. The background of Dutch law is given depth with an introduction to the system as a whole, to legal history, and the court system. Throughout the book, the European context of the Dutch system is taken into consideration.

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Euro 28.99


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