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This book is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.
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Semiotics (Law) --- Congresses --- -Law --- -Congresses --- Law --- Semiotics (Law) - Congresses
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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes.Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
Human rights --- Soft law --- Human rights - Congresses --- Soft law - Congresses
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Constitutional law --- Customary law --- Judge-made law --- Public law --- Rule of law --- Droit public --- Règle de droit --- Public law. --- Public law - Congresses --- Customary law - Congresses --- Judge-made law - Congresses --- Constitutional law - Congresses
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Comparative law --- Droit comparé --- Congresses. --- Congrès --- Comparative law - Congresses
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This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
Common law --- Administrative law Congresses --- Congresses --- Administrative law
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Legal development may happen slowly, but law never stands still. Among the many factors having an impact on legal development, the influence of foreign and international patterns, although often controversial, is not questionable. But to what extent do foreign and international laws actually affect (the different paths of) legal development? The book aims to provide an answer to this question through different perspectives – from human rights and environmental law to commercial and contract law – and in different geographical contexts – from Europe to Africa, from Asia to Latin America.
Law --- International law --- Comparative law --- Droit comparé --- Droit --- Droit international et droit interne --- Droit européen et droit interne --- Consommation --- Consommateurs --- Méthode comparative --- Sociologie --- Comportement --- Droit comparé. --- Droit européen et droit interne. --- Law - Congresses --- International law - Congresses --- Comparative law - Congresses
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