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All Outputs (96)

‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors (2014)
Book Chapter
Moir, L. (2014). ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors. In C. Harvey, J. Summers, & N. D. White (Eds.), Contemporary challenges to the laws of war (71-94). Cambridge University Press. https://doi.org/10.1017/CBO9781107478725.007

© Cambridge University Press 2014. All rights reserved. A contention may, of course, arise between armed forces of a State and a body of armed individuals, but this is not war. [M]odern conflict often does not appear to fit nicely into the strict tra... Read More about ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors.

The 2006 Women Protection Act of Pakistan: An analysis (2014)
Book Chapter
Shah, N. A. (2014). The 2006 Women Protection Act of Pakistan: An analysis. In M. A. Baderin (Ed.), Islamic Law in Practice Volume III (428-438). Routledge. https://doi.org/10.4324/9781315251738

© 2014 Mashood A. Baderin. This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in... Read More about The 2006 Women Protection Act of Pakistan: An analysis.

The recodification of private law in Central and Eastern Europe (2012)
Book Chapter
Cserne, P. (2012). The recodification of private law in Central and Eastern Europe. In P. Larouche, & P. Cserne (Eds.), National legal systems and globalization: new role, continuing relevance (45 - 88). T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-885-9_4

In the past two decades, Central and Eastern European countries have experienced a rapid political, economic and social transformation. This transformation has been intertwined with the Europeanisation and modernisation of the law. This chapter analy... Read More about The recodification of private law in Central and Eastern Europe.

The Law of the Sea 1850-2010 (2012)
Book Chapter
Barnes, R. (2012). The Law of the Sea 1850-2010. In A History of the North Atlantic Fisheries. Volume 2 (177-225). Hauschild Verlag

This chapter considers the law of the sea and the regulation of fisheries in the North Atlantic from 1850 onwards. However, in order to provide a more coherent legal perspective, slightly broader chronological and geographic considerations are requir... Read More about The Law of the Sea 1850-2010.

Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature (2012)
Book Chapter
Cserne, P. (2012). Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature. In M. Jovanović, & B. Spaić (Eds.), Jurisprudence and Political Philosophy in the 21st Century: Reassessing Legacies (71 - 89). Peter Lang Pub Inc

This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typ... Read More about Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature.

State crime: a dialectical view (2012)
Book Chapter
Green, P., & Ward, T. (2012). State crime: a dialectical view. In M. Maguire, R. Morgan, & R. Reiner (Eds.), The Oxford handbook of criminology (717-740). (5th). Oxford University Press. https://doi.org/10.1093/he/9780199590278.003.0024

This chapter, which examines state crime, which includes genocide, war crimes, torture, police violence, and ‘grand corruption’ (the ruling elite's organised plunder of national resources, first proposes a definition that views state crime as a form... Read More about State crime: a dialectical view.

Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law (2012)
Book Chapter
Cserne, P. (2012). Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law. In S. Kirste, A. van Aaken, M. Anderheiden, & P. Policastro (Eds.), Interdisciplinary Research in Jurisprudence and Constitutionalism (129 - 151). Franz Steiner Verlag

In this paper I discuss the conceptual and methodological background of an economic approach to paternalism in contract law. This serves as a case study to the general theme of this collective volume: the role of inter- and multi-disciplinary researc... Read More about Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law.

Public procurement and public services in the EU (2012)
Book Chapter
Bovis, C. (2012). Public procurement and public services in the EU. In I. Lianos, & O. Odudu (Eds.), Regulating Trade in Services in the EU and the WTO: Trust, Distrust and Economic Integration (147-170). The University of Hull. https://doi.org/10.1017/cbo9781139022118.008

Introduction The regulation of public procurement has been an instrumental component of the EU Common Market, as it has provided a platform for economic, legal and policy justifications in order to eliminate non-tariff barriers. Public procurement in... Read More about Public procurement and public services in the EU.

Environmental and Planning Law (2011)
Book Chapter
Barnes, R. (2011). Environmental and Planning Law. In G. Hewitt, & T. C. Daintith (Eds.), United Kingdom Oil and Gas Law (1277 - 1324). (Release 67). Sweet and Maxwell

A detailed overwiew of the planning and environmental law aspects of offshore oil and gas exploration and operation.

Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics (2011)
Book Chapter
Cserne, P. (2012). Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics. In Law and Philosophy Library; Efficiency, Sustainability, and Justice to Future Generations (31-54). Springer Verlag. https://doi.org/10.1007/978-94-007-1869-2_2

One of the persistent problems surrounding the discipline of law and economics is the role of economic arguments in legal reasoning. The problem has been extensively discussed in the literature but has not been ultimately solved. The present paper is... Read More about Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics.

Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders (2011)
Book Chapter
(2011). Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders. In International perspectives on the assessment and treatment of sexual offenders: theory, practice and research (627 - 651). John Wiley & Sons Ltd

This chapter examines the moral and legal dilemmas that may arise when practitioners use anti-androgenic pharmacotherapy with sex offenders. First, it sets out the links between morality and the law and then explores some of the ethical/moral issues... Read More about Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders.

Duress (2011)
Book Chapter
Cserne, P. (2011). Duress. In Contract Law and Economics (57 - 79). Edward Elgar

Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies (2010)
Book Chapter
Bovis, C. (2011). Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies. In The Role of the Regions in EU Governance (81-108). The University of Hull. https://doi.org/10.1007/978-3-642-11903-3_4

The European Regional policy should contribute to increasing growth, competitiveness and employment by incorporating the Union's priorities for sustainable development as defined at the Lisbon European Council and at the Göteborg European Council. Ar... Read More about Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies.

Towards supported decision-making in biomedical research with cognitively vulnerable adults (2009)
Book Chapter
Bielby, P. (2009). Towards supported decision-making in biomedical research with cognitively vulnerable adults. In O. Corrigan, J. McMillan, K. Liddell, M. Richards, & C. Weijer (Eds.), The limits of consent: A socio-ethical approach to human subject research in medicine (151-170). Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780199231461.003.0009

This chapter has two connected aims. First, I argue that we can best understand the scope and limits of consent as a ‘procedural’ principle of empowerment. I ground this argument in a rationalist moral theory of human (or agency) rights devised by Al... Read More about Towards supported decision-making in biomedical research with cognitively vulnerable adults.