Retsvæsen: generelt

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

This edited volume presents research and policy insights into the theory and practice of dispute systems reform across several country case studies. The book examines the impact of comparative research and policy analysis on advancing reform of dispute resolution institutions at both the regional and global levels.

Alix Adams Law for Business Students is popular for explaining the law in a jargon-free, engaging style and exploring the law firmly within the business world in which it operates using real life examples.

This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a "Why not litigate?" approach.The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process.'Access to justice' refers not just to the availability of legally aided representation, but also to the ability of defendants to understand and effectively participate in summary criminal proceedings more generally. It remains a vital principle of justice that justice should not only be done, but should also be seen to be done by all participants in the process.The book is based on socio-legal research. The study is ethnographic, based on observation conducted in four magistrates' courts in South East England and interviews with both defence lawyers and Crown prosecutors.Setting out an argument that defendants have always been marginalised through particular features of magistrates' court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court), the political climate in relation to defendants and access to justice that has persisted since 2010 has further undermined the ability of defendants to play an active role in the process.Ultimately, this book argues that recent governments have demanded ever more efficiency and cost saving in criminal justice. In that context, principles that contribute to access to justice for defendants have been seriously undermined.

Gregor Schmieder befasst sich in seiner Arbeit zunachst umfassend mit den Grundstrukturen zivilrechtlicher Beseitigungshaftung und findet dabei Verbindendes. Er leitet drei dogmatische Determinanten fur den Anwendungsbereich des lauterkeitsrechtlichen Beseitigungsanspruchs in seinem spezifisch verbraucherschutzenden Wirkbereich her. Dieses Fundament bildet den Rahmen fur eine nahere Konkretisierung von Inhalt und Haftungsarchitektur des verbraucherschutzenden Beseitigungsanspruchs des Lauterkeitsrechts sowie seiner Verortung im System lauterkeitsrechtlicher Rechtsdurchsetzung zum einen, im System zivilrechtlicher Beseitigungshaftung zum anderen. Der Begriff des Folgenbeseitigungsanspruchs wird im Zuge dessen entmystifiziert. Destillat der Auseinandersetzung mit den dogmatischen Grundlagen verbraucherschutzender Beseitigungshaftung im Lauterkeitsrecht ist der Nachweis der Fortgeltung des Regulierungsansatzes des Informationsmodells auf der Ebene der Durchsetzung des Rechts. Das Informationsmodell auf der Durchsetzungsebene ist ein Regulierungsansatz, den es zu verfolgen lohnt. Bereits jetzt findet dieser Regulierungsansatz in den einzelnen Fallgruppen verbraucherschutzender Beseitigungshaftung einen Anwendungsbereich.

"Conflict is everywhere-in our homes, at work, in our social media feeds. But conflict isn't inherently bad... in fact, it's a normal and healthy part of human relationships. Mediation expert Gabrielle Hartley argues that we've forgotten that disagreement is normal and even necessary in our relationships; instead, we've normalized a zero-sum approach to interpersonal conflict and prioritized "winning" at all costs. The Secret to Getting Along (and Why It's Easier Than You Think!) will help you reframe your approach to conflict, harness the power of storytelling, and transform your reactions to conflict and build cooperative, thriving relationships across all areas of your life"--

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project.FIDIC Contracts in Europe: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book closely follows the format of The International Application of FIDIC Contracts, with the addition of an outline of the construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts in each jurisdiction.This book is essential reading for construction professionals, lawyers and students of construction law.

"The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 statement of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention"--

In England & Wales, every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates dealt with almost 1.4 million cases.But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system?The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua.The Secret Magistrate is an inner-city magistrate who has sat on the bench for several years, and who has strong views on the role of magistrates within the Criminal Justice System. All names have been changed to protect both the innocent and the guilty.Foreword by Malcolm Richardson OBE [Chair, Magistrates Association, 2015-17]

Teaching Legal Education in the Digital Age explores how legal pedagogy and curriculum design should be modernised to ensure that law students have a realistic view of the future of the legal profession.

This book provides an in-depth analysis of the functioning and challenges of the legal aid system in India.