Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0008
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the ...
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This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.Less
This chapter brings together some of the main conclusions of the book and looks towards future outcomes. The book analyzes existing and evolving water law in a broad context, looking at the environmental, social, economic, and human rights aspects of water. It delves deeply on water sector reforms, and more specifically, water law reforms in India.
Luca Rubini
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199533398
- eISBN:
- 9780191714740
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533398.001.0001
- Subject:
- Law, Public International Law, EU Law
This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the ...
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This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward, offering suggestions for new interpretations and law reform. The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, i.e., a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process. The current regulation in EC and WTO law is analysed, compared, and assessed in depth, and tested against a baseline represented by a notion of subsidy inserted in a subsidy regulation pursuing certain objectives. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and a more efficient regulatory system.Less
This book presents a conceptual framework for analysing the definitions of State aid and subsidy in EC and WTO law. This is done through a comparative analysis, examining the coherence of the conceptual understanding of the crucial, but still elusive, issue of the definition of subsidy. The first, important finding is that the topic is not only technical but raises more fundamental questions about the objectives of subsidy control in a given legal system and, more radically, about the goals of that system itself. The analysis does not only concentrate on the state of the law but critically looks forward, offering suggestions for new interpretations and law reform. The book focuses on the substantive provisions of the EC and WTO relating to what are identified by the author as the core properties of a notion of subsidy, i.e., a form of public action, the grant of an economic advantage and the ensuing impact on the competitive process. The current regulation in EC and WTO law is analysed, compared, and assessed in depth, and tested against a baseline represented by a notion of subsidy inserted in a subsidy regulation pursuing certain objectives. Drawing on the results of the comparative exercise, the book argues that both systems can learn valuable lessons from each other to achieve a greater coherence and a more efficient regulatory system.
Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0006
- Subject:
- Law, Legal History
This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and ...
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This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and substance of criminal law judgments. It then discusses the reform of criminal law.Less
This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and substance of criminal law judgments. It then discusses the reform of criminal law.
D. Hugh Whittaker and Simon Deakin (eds)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199563630
- eISBN:
- 9780191721359
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199563630.001.0001
- Subject:
- Business and Management, Corporate Governance and Accountability, HRM / IR
The chapters in this book address the state of Japanese corporate governance and managerial practice at a critical moment. They are based on detailed and intensive fieldwork in large Japanese ...
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The chapters in this book address the state of Japanese corporate governance and managerial practice at a critical moment. They are based on detailed and intensive fieldwork in large Japanese companies and interviews with investors, civil servants, and policy makers in the period following the adoption of significant corporate law reforms in the early 2000s up to the months just before the global financial crisis of 2008. At the start of the decade, the time seemed right for Japan to move to a shareholder value‐driven, “Anglo‐American” system of corporate governance. Instead, an adjustment and renewal of the postwar model of the large Japanese corporation has taken place. Japanese managers have adapted to and reshaped corporate governance norms, using them to reform internal decision‐making structures. The board's role is seen in terms of strategic planning rather than monitoring, and external directors are viewed as advisers, not as representatives of the shareholders. Companies have responded to the threat of hostile takeovers by putting poison pills in place and have rebuffed hedge fund activists' demands for higher dividends and share buybacks. Although shareholder influence is more extensive than it was, central aspects of the Japanese “community firm” ‐ in particular, managerial autonomy and a commitment to stable or “lifetime” employment for core of employees ‐ largely remain in place. The Japanese experience suggests that there are limits to the global convergence of company law systems, and that the widespread association of Anglo‐American practices with the “modernization” of corporate governance may have been misplaced.Less
The chapters in this book address the state of Japanese corporate governance and managerial practice at a critical moment. They are based on detailed and intensive fieldwork in large Japanese companies and interviews with investors, civil servants, and policy makers in the period following the adoption of significant corporate law reforms in the early 2000s up to the months just before the global financial crisis of 2008. At the start of the decade, the time seemed right for Japan to move to a shareholder value‐driven, “Anglo‐American” system of corporate governance. Instead, an adjustment and renewal of the postwar model of the large Japanese corporation has taken place. Japanese managers have adapted to and reshaped corporate governance norms, using them to reform internal decision‐making structures. The board's role is seen in terms of strategic planning rather than monitoring, and external directors are viewed as advisers, not as representatives of the shareholders. Companies have responded to the threat of hostile takeovers by putting poison pills in place and have rebuffed hedge fund activists' demands for higher dividends and share buybacks. Although shareholder influence is more extensive than it was, central aspects of the Japanese “community firm” ‐ in particular, managerial autonomy and a commitment to stable or “lifetime” employment for core of employees ‐ largely remain in place. The Japanese experience suggests that there are limits to the global convergence of company law systems, and that the widespread association of Anglo‐American practices with the “modernization” of corporate governance may have been misplaced.
Julia Sloth-Nielsen
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0009
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in ...
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This chapter poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law matter? The question is all the more pertinent in African contexts, due to the pervasive poverty, prevalence of practices harmful to children, and perceived inability of weak states to put legislative intentions into effect. The chapter commences in Part 9.2 with a discussion of pre-modern African childhood. Part 9.3 reviews the impact of colonial children's laws in constructions of childhood. It argues that even the adoption of colonial children's legislation during the twentieth century failed to dislodge the primacy of culture in African childhood literature, and that by and large, formal law remained irrelevant to children's lives. Part 9.4 examines the implications of ratification of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child as far as the main question raised at the outset is concerned. Part 9.5 proposes that the introduction of a child rights discourse via the CRC and the African Charter on the Rights and Welfare of the Child, coupled with the implementation of large scale continental law reforms, has altered not only the legal landscape, but so too the present day understanding of childhood at a much more fundamental level. The conclusion that this chapter puts forward is that law does matter: and that an irreversible journey has been set in place which redefines African childhood.Less
This chapter poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law matter? The question is all the more pertinent in African contexts, due to the pervasive poverty, prevalence of practices harmful to children, and perceived inability of weak states to put legislative intentions into effect. The chapter commences in Part 9.2 with a discussion of pre-modern African childhood. Part 9.3 reviews the impact of colonial children's laws in constructions of childhood. It argues that even the adoption of colonial children's legislation during the twentieth century failed to dislodge the primacy of culture in African childhood literature, and that by and large, formal law remained irrelevant to children's lives. Part 9.4 examines the implications of ratification of the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child as far as the main question raised at the outset is concerned. Part 9.5 proposes that the introduction of a child rights discourse via the CRC and the African Charter on the Rights and Welfare of the Child, coupled with the implementation of large scale continental law reforms, has altered not only the legal landscape, but so too the present day understanding of childhood at a much more fundamental level. The conclusion that this chapter puts forward is that law does matter: and that an irreversible journey has been set in place which redefines African childhood.
LES MCCRIMMON and EDWARD SANTOW
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0014
- Subject:
- Law, Public International Law
This chapter discusses, in the context of institutional law reform and direct social justice advocacy, why law students should become involved in law reform, arguing that law schools should do more ...
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This chapter discusses, in the context of institutional law reform and direct social justice advocacy, why law students should become involved in law reform, arguing that law schools should do more than equip their students to be good legal technicians. Law schools should also instil in their students an understanding of, as well as a commitment to, what the law should be in a just society. In particular, the chapter consider two law reform oriented projects that adopt elements of the clinical method to inculcate in law students a broader understanding of the role practicing lawyers can play to achieve systemic justice: the internship program at the Australian Law Reform Commission, and the Social Justice Advocacy Project housed within the University of New South Wales Law Faculty.Less
This chapter discusses, in the context of institutional law reform and direct social justice advocacy, why law students should become involved in law reform, arguing that law schools should do more than equip their students to be good legal technicians. Law schools should also instil in their students an understanding of, as well as a commitment to, what the law should be in a just society. In particular, the chapter consider two law reform oriented projects that adopt elements of the clinical method to inculcate in law students a broader understanding of the role practicing lawyers can play to achieve systemic justice: the internship program at the Australian Law Reform Commission, and the Social Justice Advocacy Project housed within the University of New South Wales Law Faculty.
Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0018
- Subject:
- Law, Legal History
This chapter on bankruptcy and insolvency in the 19th century discusses the system of bankruptcy in 1820, bankruptcy law reform from 1825-31, the law of insolvency, reforming bankruptcy and ...
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This chapter on bankruptcy and insolvency in the 19th century discusses the system of bankruptcy in 1820, bankruptcy law reform from 1825-31, the law of insolvency, reforming bankruptcy and insolvency from 1838-49, bankruptcy law from 1849-61, reforming bankruptcy and insolvency from 1861-83, and the law of bankruptcy from 1883-1914.Less
This chapter on bankruptcy and insolvency in the 19th century discusses the system of bankruptcy in 1820, bankruptcy law reform from 1825-31, the law of insolvency, reforming bankruptcy and insolvency from 1838-49, bankruptcy law from 1849-61, reforming bankruptcy and insolvency from 1861-83, and the law of bankruptcy from 1883-1914.
Stuart Anderson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0002
- Subject:
- Law, Legal History
This chapter focuses on lawyers' law reform: the Real Property Commissioners, their vision and, indirectly, their description of what real property meant and encompassed. Topics discussed include ...
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This chapter focuses on lawyers' law reform: the Real Property Commissioners, their vision and, indirectly, their description of what real property meant and encompassed. Topics discussed include Competing Visions of Real Property Reform in the 1820s, the methods and objectives of the Real Property Commission, and the registration of deeds.Less
This chapter focuses on lawyers' law reform: the Real Property Commissioners, their vision and, indirectly, their description of what real property meant and encompassed. Topics discussed include Competing Visions of Real Property Reform in the 1820s, the methods and objectives of the Real Property Commission, and the registration of deeds.
Raymond Cocks
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0016
- Subject:
- Law, Legal History
This chapter discusses changes in the law for public health in the 19th century. Topics covered include the enactment of the Public Health Act 1848, the systematic use of scientific knowledge within ...
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This chapter discusses changes in the law for public health in the 19th century. Topics covered include the enactment of the Public Health Act 1848, the systematic use of scientific knowledge within a novel legal framework, incremental reform, and public health laws in combination.Less
This chapter discusses changes in the law for public health in the 19th century. Topics covered include the enactment of the Public Health Act 1848, the systematic use of scientific knowledge within a novel legal framework, incremental reform, and public health laws in combination.
Stephen Cretney
- Published in print:
- 2005
- Published Online:
- February 2010
- ISBN:
- 9780199280919
- eISBN:
- 9780191713170
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280919.001.0001
- Subject:
- Law, Family Law, Legal History
The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led to those changes. It examines the work of ...
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The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led to those changes. It examines the work of individuals and organisations campaigning for change, and the (often ignored) influence of officials in government and (in particular) the Parliamentary draftsmen. It gives particular attention to the pressures for compromise which have so often influenced the otherwise difficult to understand legislation. The book makes extensive use of archival material and of the results of empirical research, and tells the stories of the sometimes rather eccentric individuals who have had an impact on the law-making process. Although the book focuses on the twentieth century, it reaches back into earlier periods when relevant to later developments.Less
The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led to those changes. It examines the work of individuals and organisations campaigning for change, and the (often ignored) influence of officials in government and (in particular) the Parliamentary draftsmen. It gives particular attention to the pressures for compromise which have so often influenced the otherwise difficult to understand legislation. The book makes extensive use of archival material and of the results of empirical research, and tells the stories of the sometimes rather eccentric individuals who have had an impact on the law-making process. Although the book focuses on the twentieth century, it reaches back into earlier periods when relevant to later developments.
Raymond Cocks
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0017
- Subject:
- Law, Legal History
This chapter discusses occupational safety in the 19th century. A focal point of law reform for 19th-century legislators lay in exploring the extent of the community's responsibility for controlling ...
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This chapter discusses occupational safety in the 19th century. A focal point of law reform for 19th-century legislators lay in exploring the extent of the community's responsibility for controlling the rigours imposed by the workplace. The arguments swung between those who opposed any interference with the conditions of manufacturing and trade, and those who saw statute law (and regulations made under statutory powers) as the only effective response to working conditions which were often degrading and dangerous. In ways which were especially vivid to participants, the debates linked, say, the dangers of a cutting machine or the condition of a ship, to the broadest of social and economic issues.Less
This chapter discusses occupational safety in the 19th century. A focal point of law reform for 19th-century legislators lay in exploring the extent of the community's responsibility for controlling the rigours imposed by the workplace. The arguments swung between those who opposed any interference with the conditions of manufacturing and trade, and those who saw statute law (and regulations made under statutory powers) as the only effective response to working conditions which were often degrading and dangerous. In ways which were especially vivid to participants, the debates linked, say, the dangers of a cutting machine or the condition of a ship, to the broadest of social and economic issues.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It ...
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This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.Less
This introductory chapter provides an overview of water regulation in general and in India in particular. It identifies the basic framework of water law and the reasons calling for reforms. It discusses water sector reforms and the water law reforms that have been introduced within this context. It situates the reasons for focusing on India and the framework within which the analysis is carried out.
Philippe Cullet
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199546237
- eISBN:
- 9780191705519
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546237.003.0003
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which ...
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This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which have been at the centre of the development of water law over time. It analyzes in particular the various forms of control from government ownership to the various types of individual claims over water that have been condoned. It also examines two relatively more recent trends in water, the recognition of a human right to water, and the addition of an environmental perspective to water law. The final section considers the need for water law reform related to the unadapted nature of what is essentially an old water law to address the challenges of the present.Less
This chapter examines Indian water law as it developed over the years before the introduction of the current water law reforms. It focuses on issues related to access to and control over water which have been at the centre of the development of water law over time. It analyzes in particular the various forms of control from government ownership to the various types of individual claims over water that have been condoned. It also examines two relatively more recent trends in water, the recognition of a human right to water, and the addition of an environmental perspective to water law. The final section considers the need for water law reform related to the unadapted nature of what is essentially an old water law to address the challenges of the present.
Reinhard Zimmermann
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198299134
- eISBN:
- 9780191708046
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299134.001.0001
- Subject:
- Law, Comparative Law
Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich ...
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Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wrong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanisation of private law and private law scholarship. It enables us to see the common ground between our modern national legal systems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture. The focus of these Clarendon lectures is on the ‘vital connection that ties the present to the past’ (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanisation of private law which we experience today. The three lectures consist of: ‘The End of an Era: Transformation of Scholarship in Roman Law’, ‘The Transition from Civil Law to Civil Code: Dawn of a New Era?’, and ‘A Change in Perspective: European Private Law and its Historical Foundations’.Less
Legal history helps us to understand modern or contemporary law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wrong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanisation of private law and private law scholarship. It enables us to see the common ground between our modern national legal systems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture. The focus of these Clarendon lectures is on the ‘vital connection that ties the present to the past’ (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanisation of private law which we experience today. The three lectures consist of: ‘The End of an Era: Transformation of Scholarship in Roman Law’, ‘The Transition from Civil Law to Civil Code: Dawn of a New Era?’, and ‘A Change in Perspective: European Private Law and its Historical Foundations’.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0002
- Subject:
- Law, Comparative Law
This chapter focuses on the history of modern Japanese law. It discusses the three stages wherein foreign law was received. The first stage was in the 7th and 8th centuries, when Japan imported the ...
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This chapter focuses on the history of modern Japanese law. It discusses the three stages wherein foreign law was received. The first stage was in the 7th and 8th centuries, when Japan imported the Chinese political and legal system. The second stage occurred between the overthrow of the Tokugawa Shogunate in the mid-19th century and the early 20th century, when the industrialization of Japan was accomplished. The third stage began after the Second World War and continued during the period of the Allied occupation.Less
This chapter focuses on the history of modern Japanese law. It discusses the three stages wherein foreign law was received. The first stage was in the 7th and 8th centuries, when Japan imported the Chinese political and legal system. The second stage occurred between the overthrow of the Tokugawa Shogunate in the mid-19th century and the early 20th century, when the industrialization of Japan was accomplished. The third stage began after the Second World War and continued during the period of the Allied occupation.
Stephen Cretney
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198268710
- eISBN:
- 9780191683565
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268710.001.0001
- Subject:
- Law, Family Law
This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that ...
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This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Catholic Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation.Less
This collection of essays examines the process and problems of law reform with special reference to the development of family law. The author demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Catholic Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation.
Richard A. Posner
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198264712
- eISBN:
- 9780191682773
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264712.001.0001
- Subject:
- Law, Comparative Law
This book explores the relationship between the legal systems of the UK and USA. The chapters in this volume range widely over themes. The first chapter compares the work of the two most prominent ...
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This book explores the relationship between the legal systems of the UK and USA. The chapters in this volume range widely over themes. The first chapter compares the work of the two most prominent writers on jurisprudence in the second half of this century, one English (H. L. A. Hart) and one American (Ronald Dworkin). The chapter has a controversial conclusion that trying to define ‘law’ is futile, distracting, and illustrative of the impoverishment of traditional legal theory. The second chapter examines a number of English cases drawn primarily from the two fields in which English and American law overlap most completely — torts and contracts. Here the chapter argues that while in general English judges use their common sense effectively to approximate the results that an economic analyst would recommend they would do even better if they were more receptive to the economic approach to the common law — if they were, in other words, a little more like American judges. The next chapter examines the differences between the English and American legal systems at the administrative or operational level as distinct from the jurisprudential and doctrinal levels. The conclusions drawn from this analysis challenge traditional orthodoxy. The concluding advice to law reformers in both jurisdictions is that piecemeal reform of either system is to be avoided.Less
This book explores the relationship between the legal systems of the UK and USA. The chapters in this volume range widely over themes. The first chapter compares the work of the two most prominent writers on jurisprudence in the second half of this century, one English (H. L. A. Hart) and one American (Ronald Dworkin). The chapter has a controversial conclusion that trying to define ‘law’ is futile, distracting, and illustrative of the impoverishment of traditional legal theory. The second chapter examines a number of English cases drawn primarily from the two fields in which English and American law overlap most completely — torts and contracts. Here the chapter argues that while in general English judges use their common sense effectively to approximate the results that an economic analyst would recommend they would do even better if they were more receptive to the economic approach to the common law — if they were, in other words, a little more like American judges. The next chapter examines the differences between the English and American legal systems at the administrative or operational level as distinct from the jurisprudential and doctrinal levels. The conclusions drawn from this analysis challenge traditional orthodoxy. The concluding advice to law reformers in both jurisdictions is that piecemeal reform of either system is to be avoided.
Brett M. Frischmann
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199895656
- eISBN:
- 9780199933280
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895656.001.0001
- Subject:
- Law, Environmental and Energy Law
Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy ...
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Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation, and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. This book pays much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The book explores a set of questions: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.Less
Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation, and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. This book pays much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The book explores a set of questions: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.
FRANK S. BLOCH and MARY ANNE NOONE
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0010
- Subject:
- Law, Public International Law
This chapter explores the connection in many countries of the world between the provision of legal aid services, including legal representation, advice and assistance, community legal education, and ...
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This chapter explores the connection in many countries of the world between the provision of legal aid services, including legal representation, advice and assistance, community legal education, and law reform activities, and the establishment of clinical programs. It outlines the development of modern legal aid schemes in the context of the access to justice movement of the 1960s and 1970s, details the relationship between early clinical programs and legal aid services, and analyzes different models for delivering legal services in a law school legal aid clinic. It also examines the transformative potential in legal aid-based clinical legal education programs relative to their two constituencies: the communities they serve and the students they teach. The chapter concludes that redressing injustice and furthering equality before the law must remain a consistent theme and overwhelming concern in legal aid clinics around the world.Less
This chapter explores the connection in many countries of the world between the provision of legal aid services, including legal representation, advice and assistance, community legal education, and law reform activities, and the establishment of clinical programs. It outlines the development of modern legal aid schemes in the context of the access to justice movement of the 1960s and 1970s, details the relationship between early clinical programs and legal aid services, and analyzes different models for delivering legal services in a law school legal aid clinic. It also examines the transformative potential in legal aid-based clinical legal education programs relative to their two constituencies: the communities they serve and the students they teach. The chapter concludes that redressing injustice and furthering equality before the law must remain a consistent theme and overwhelming concern in legal aid clinics around the world.
ANNA CODY AND BARBARA SCHATZ
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0011
- Subject:
- Law, Public International Law
This chapter describes two different community law clinics and their approaches to clinical legal education, one in the United States and one in Australia. Though only two models of many, they ...
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This chapter describes two different community law clinics and their approaches to clinical legal education, one in the United States and one in Australia. Though only two models of many, they illustrate both the common features of community law clinics around the world and some of the choices and trade-offs they confront in their efforts to help disadvantaged communities. Common features include taking a holistic, interdisciplinary approach to the problems of communities and community organizations, emphasizing the client role in setting the agenda and solving problems, using community legal education to build client capacity, engaging in law reform to address systemic issues, and encouraging critical thinking about the ways law can be used to further social justice. A major challenge is the tension between solving concrete, immediate problems and addressing broader concerns and systemic inequalities.Less
This chapter describes two different community law clinics and their approaches to clinical legal education, one in the United States and one in Australia. Though only two models of many, they illustrate both the common features of community law clinics around the world and some of the choices and trade-offs they confront in their efforts to help disadvantaged communities. Common features include taking a holistic, interdisciplinary approach to the problems of communities and community organizations, emphasizing the client role in setting the agenda and solving problems, using community legal education to build client capacity, engaging in law reform to address systemic issues, and encouraging critical thinking about the ways law can be used to further social justice. A major challenge is the tension between solving concrete, immediate problems and addressing broader concerns and systemic inequalities.
