Nicoletta bersier (71 résultats)

Etat : Good. Has some wear and creases. Has a remainder mark. hardcover Used - Good 2021.

Etat : As New. Unread book in perfect condition.

Etat : New. In English.

Hardback. Etat : New. 2022 ed. This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law's purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history - roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.…

Etat : New.

Etat : New.

Etat : As New. Unread book in perfect condition.

Hardcover. Etat : new. Hardcover. This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the laws purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment. This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Hardback. Etat : New. 2022 ed. This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law's purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history - roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.…

Etat : As New. Unread book in perfect condition.

Etat : New.

Etat : New.

Gebunden. Etat : New.

Etat : New. In English.

Etat : New.

Hardback. Etat : New. The volume is dedicated to the concept of sanctions and to the reassessment of its interrelation with the concept of law. It does not seem that long ago that "law" and "sanctions" were thought of as necessarily interrelated. "Every Law is a command", we read in Austin's 'Province of Jurisprudence Determined'; a particular command, however, in "that the party to whom it is directed is liable to evil from the other, in case he [does not] comply". And "[t]he evil which will probably be incurred in case a command be disobeyed [.] is frequently called a sanction". H. L. A. Hart's critique of Austin's "command theory of law" successfully drove a wedge into the interrelation of "law and "sanctions"; so successful, in fact, that it caused some scholars to part with the idea of "force" underlying the concept of law altogether and others to emphatically protest what they perceived as a rash move to discard one of the core elements of law. The debate still is on.…

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Taschenbuch. Etat : Neu. The Normative Force of the Factual | Legal Philosophy Between Is and Ought | Nicoletta Bersier Ladavac (u. a.) | Taschenbuch | viii | Englisch | 2020 | Springer | EAN 9783030189310 | Verantwortliche Person für die EU: Springer Verlag GmbH, Tiergartenstr. 17, 69121 Heidelberg, juergen[dot]hartmann[at]springer[dot]com | Anbieter: preigu.…

Taschenbuch. Etat : Neu. Sanctions: An Essential Element of Law? | Nicoletta Bersier (u. a.) | Taschenbuch | Law and Philosophy Library | xi | Englisch | 2026 | Springer | EAN 9783031885143 | Verantwortliche Person für die EU: Springer Verlag GmbH, Tiergartenstr. 17, 69121 Heidelberg, juergen[dot]hartmann[at]springer[dot]com | Anbieter: preigu. …

Etat : New.

Etat : New.

Etat : New.

Buch. Etat : Neu. Druck auf Anfrage Neuware - Printed after ordering - This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law's purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history - roots that allow us to trace them back to distinct traditions.Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems.The book addresses this reassessment.…

Taschenbuch. Etat : Neu. Druck auf Anfrage Neuware - Printed after ordering - This book explores the interrelation of facts and norms. How does law originate in the first place What lies at the roots of this phenomenon How is it preserved And how does it come to an end Questions like these led Georg Jellinek to speak of the 'normative force of the factual' in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek's concept still provides astonishing insights on the dichotomy of 'is' and 'ought to be', the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as 'normativity'. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.…

Taschenbuch. Etat : Neu. Druck auf Anfrage Neuware - Printed after ordering - The volume is dedicated to the concept of sanctions and to the reassessment of its interrelation with the concept of law. It does not seem that long ago that law and sanctions were thought of as necessarily interrelated. Every Law is a command , we read in Austin s Province of Jurisprudence Determined ; a particular command, however, in that the party to whom it is directed is liable to evil from the other, in case he [does not] comply . And [t]he evil which will probably be incurred in case a command be disobeyed [ ] is frequently called a sanction . H. L. A. Hart s critique of Austin s command theory of law successfully drove a wedge into the interrelation of law and sanctions ; so successful, in fact, that it caused some scholars to part with the idea of force underlying the concept of law altogether and others to emphatically protest what they perceived as a rash move to discard one of the core elements of law. The debate still is on. …

Buch. Etat : Neu. Druck auf Anfrage Neuware - Printed after ordering - The volume is dedicated to the concept of sanctions and to the reassessment of its interrelation with the concept of law. It does not seem that long ago that law and sanctions were thought of as necessarily interrelated. Every Law is a command , we read in Austin s Province of Jurisprudence Determined ; a particular command, however, in that the party to whom it is directed is liable to evil from the other, in case he [does not] comply . And [t]he evil which will probably be incurred in case a command be disobeyed [ ] is frequently called a sanction . H. L. A. Hart s critique of Austin s command theory of law successfully drove a wedge into the interrelation of law and sanctions ; so successful, in fact, that it caused some scholars to part with the idea of force underlying the concept of law altogether and others to emphatically protest what they perceived as a rash move to discard one of the core elements of law. The debate still is on.…

Etat : New. pp. 180 1st ed. 2019 edition NO-PA16APR2015-KAP.

Etat : New.

Etat : New. pp. 180.

Etat : New. 1st ed. 2022 edition NO-PA16APR2015-KAP.