Name: Analogy and Exemplary Reasoning in Legal Discourse - eBook (9789048537143)
SKU: bba3a3de82679532e324f874720fe8f4
Price: 84.99 EUR
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Analogy and Exemplary Reasoning in Legal Discourse - eBook (9789048537143)

This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning-which relies on the concept of two different things being in some way like each other-is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?

84,99

Gender and christianity in modern Europe - eBook (9789461661043)

Case studies upon the use of concepts like feminization and masculinization in relation to christianity. Since the 1970s the feminization thesis has become a powerful trope in the rewriting of the social history of Christendom. However, this 'thesis' has triggered some vehement debates, given that men have continued to dominate the churches, and the churches themselves have reacted to the association of religion and femininity, often formulated by their critics, by explicitly focusing their appeal to men. In this book the authors critically reflect upon the use of concepts like feminization and masculinization in relation to Christianity. By presenting case studies that adopt different gendered approaches with regard to Christian, mainly Catholic discourses and practices, the authors capture multiple 'feminizations' and 'masculinizations' in Europe during the 19th and 20th centuries. In particular, it becomes clear that the idea that Christianity took on 'charicteristically feminine' v…

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Contemporary Practices of Citizenship in Asia and the West - eBook (9789048535514)

This collection of essays examines urban communities and societies in Asia and the West to shed much-needed light on issues that have emerged as the world experiences its new urban turn. An urbanized world should be an improving place, one that is better to live in, one where humans can flourish. This book examines contemporary practices of care of the self in cities in Asia and the West, including challenges to citizenship and even the right to the city itself. Written by a range of academics from different backgrounds (from architecture and urbanism, anthropology, social science, psychology, gender studies, history, and philosophy) their trans- and multidisciplinary approaches shed valuable light on what are sometimes quite old problems, leading to fresh perspectives and news ways of dealing with them. One thing that unites all of these papers is their people-centred approach, because, after all, a city is its people.

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The Franciscan Order in the Medieval English Province and Beyond - eBook (9789048537754)

Commemorating John Moorman's immense contribution to Franciscan history across five decades, the essays in this collection reflect upon Moorman's diverse writings on biography, hagiography, history, art, and prosopography. Contributors draw upon Moorman's diaries and his materials for a biographical register of the Franciscans in medieval England. The volume is in tune with recent developments in Franciscan history in general, with a special interest in the English province. This is exemplified by studies on Franciscan iconography; the English province's impact of the wider order; the scholastic enterprise; prosopography; economy; sermons; the application of Canon Law to the debates at the papal court; and the evolution of John Moorman's studies on St Francis and his followers.

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Family Law and Family Realities - eBook (9789462744202)

Family Law and Family Realities contains a selection of papers presented at the 16th World Conference of the International Society of Family Law (ISFL) that took place in 2017 in Amsterdam, the Netherlands. The central theme of this volume is whether international and national family laws still adequately reflect changing family realities. The issues are examined in different geographical, political, social, cultural and religious settings, giving insight into how family laws relate to the actual practices and needs of different types of traditional and non-traditional families and to the distinct needs of vulnerable family members. Contributors come from Western and Eastern Europe, Israel, Africa, North and South America, Australasia and Asia. Specific topics addressed in the early chapters include cohabitation, same-sex relationships, polyamory, stepfamilies, ART, and the financial and parenting issues raised by divorce. Subsequent chapters deal with a wide range of new issues relate…

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Balancing the protection of business and employment in insolvency - Jennifer L.L. Gant - eBook (9789462747081)

Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how part…

46,98

When Love is without Reason - Constance J. Hampton - eBook (9789492980496)

When Love is without Reason - Constance J. Hampton Book 3 in Wellington's Officers Series The only reason for Major Viscount Kit Brondemeire to marry by proxy, when he fights in Wellington's armies in France, is money. Anthea Fairfax, daughter of a privateer earl, is very rich and slightly blemished by life. When Kit comes home after having suffered his battle wounds for months since the Battle of Toulouse in 1814 he is in for some pleasant and unpleasant surprises. He soon finds out that Anthea's money is not the only solution to his problems.

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Shifts in private and public regulation - Niels J. Philipsen - eBook (9789462748125)

In his inaugural lecture, Niels Philipsen discusses the (potential) role of private actors in the regulation of work-related risks, such as industrial accidents and occupational diseases. Taking the economic analysis of regulation as a starting point, Philipsen argues that a 'smart mix' of public and private regulation is needed for an optimal prevention and compensation of work-related risks. Some advantages and disadvantages of different regulatory instruments are discussed. In the second part of this lecture, economic theory is confronted with some of the available empirical evidence. Do private actors really respond to shifts in regulation according to the predictions made in the theoretical law and economics literature? Philipsen addresses this question for three groups of private actors: employees, employers and (liability) insurers. On the basis of a quick-scan of the literature, Philipsen concludes that there are still several unresolved questions concerning the coping behaviou…

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Lex Ludica: Soccer rules revisited - Robert C.R. Siekmann - eBook (9789490951405)

Lex ludica (game rules) is a branch of sports law that has never been studied in the academic community nor beyond. There are no learned writings on the subject and consequently, there is a considerable gap in science. Several years ago, Dr. Robert Siekmann decided to undertake a pilot study into the Laws of the Game of association football, which is World Sport No. 1. This eventually led to the present publication. Lex Ludica: Soccer Rules Revisited describes the development of the Laws of the Game from ancient times to the present day. A large part of the book focuses on the current text of the Laws. In May 2016, the International Football Association Board (IFAB), the gameís law-making body, published a new text of the Laws of the Game. This new version is presented as a comprehensive revision of the Laws of the Game and was adopted in order ëto increase the universality of the Laws by making them easily understood so football throughout the world benefits from consistent interpreta…

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Direct Democracy in Comparative Law - Elisabetta Palici Di Suni - eBook (9789462748491)

Faced with the variety and complexity of the forms that direct democracy takes today, this book pays attention first to the main stages in which direct democracy has historically evolved, and then considers at greater length the systems currently in place in different countries. The first chapter provides historical background. The two following chapters are devoted to Europe and to the Americas, where direct democracy is most developed. The analysis of the different forms that direct democracy has historically taken and those that characterize contemporary systems should allow a more balanced judgment for or against direct democracy, both in general and in specific contexts. The Comparative Public Law Treatise is a comprehensive body of publications, addressing the most relevant topics within comparative public law. The Treatise aims to identify and present in an original fashion comparative knowledge in the area of public law, whilst also developing new interpretative guidelines. Eac…

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Analogy and Exemplary Reasoning in Legal Discourse - eBook (9789048537143)

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