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All Outputs (289)

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.

Building restorative relationships for the workplace (2011)
Report
Lambert, C., Johnstone, G., Green, S., & Shipley, R. (2011). Building restorative relationships for the workplace

A 2011 major piece of research into building restorative workplaces by the Goodwin Development Trust found that implementing restorative justice helped managers to share the pressure of decision-making, hold their team more accountable and develop be... Read More about Building restorative relationships for the workplace.

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.

Islamic law and the law of armed conflict: The armed conflict in Pakistan (2011)
Book
Shah, N. A. (2011). Islamic law and the law of armed conflict: The armed conflict in Pakistan. Routledge. https://doi.org/10.4324/9780203830772

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A... Read More about Islamic law and the law of armed conflict: The armed conflict in Pakistan.

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

In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it? (2010)
Journal Article
Tzevelekos, V. (2010). In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it?. Brooklyn Journal of International Law, 35(1), 155-231

The paper establishes a three-step (due diligence, positive effect of human rights and extraterritoriality) argument for the responsibility of the home state for the human right breaches of its investors in third countries.

The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology? (2010)
Journal Article
Tzevelekos, V. (2010). The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?. Michigan Journal of International Law, 31(3), 621-690

In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this rol... Read More about The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?.

Multi-disciplinary definitions and understandings of 'paedophilia' (2010)
Journal Article
Harrison, K., Manning, R., & McCartan, K. (2010). Multi-disciplinary definitions and understandings of 'paedophilia'. Social & legal studies, 19(4), 481-496. https://doi.org/10.1177/0964663910369054

Despite the current high-profile concern over paedophiles and paedophilic activity, there is no easily accessible or widely accepted multi-disciplinary definition of paedophilia. Commentators have pointed to a general contemporary misunderstanding su... Read More about Multi-disciplinary definitions and understandings of 'paedophilia'.

Making the case for socio-legal research in land law: Renner and the law of mortgage (2010)
Journal Article
Whitehouse, L. (2010). Making the case for socio-legal research in land law: Renner and the law of mortgage. Journal of Law and Society, 37(4), 545-568. https://doi.org/10.1111/j.1467-6478.2010.00521.x

The aim of this article is to enhance knowledge of and to encourage further research into two areas not traditionally the subject of socio-legal research, namely, the work of Karl Renner and the English law of mortgage, for three reasons. First, an a... Read More about Making the case for socio-legal research in land law: Renner and the law of mortgage.

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.

Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning (2010)
Journal Article
Cserne, P. (2010). Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning. Humanitas Journal of European Studies, 3, 9-30

This paper is a modest contribution to a long lasting discussion in legal theory and touches on two broad and related questions: what is and what ought to be the role of consequence-based arguments in legal reasoning. Although putting too much stress... Read More about Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning.

On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need (2010)
Journal Article
Szalai, A., & Cserne, P. (2010). On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need. Silesian journal of legal studies, 2, 11-25

In this paper the authors argue that the received view is unwarranted. Their model suggests that in many cases the socially efficient contract price is higher than the rescue costs. To be sure, due to serious information problems the practical implem... Read More about On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need.

Legal aspects of surgical castration (2010)
Journal Article
Harrison, K. (2010). Legal aspects of surgical castration. Sexual offender treatment, 5(2), 42856

The use of surgical castration, whilst still legal in some European countries is now being practised only on a very small scale. This is largely due to the fact that many people have objections to the practice of surgically castrating offenders, espe... Read More about Legal aspects of surgical castration.

War crimes in the armed conflict in Pakistan (2010)
Journal Article
Shah, N. A. (2010). War crimes in the armed conflict in Pakistan. Studies in Conflict and Terrorism, 33(4), 283-306. https://doi.org/10.1080/10576100903582535

This article argues that an internal armed conflict exists in Pakistan and the law of armed conflict together with human rights law applies to it. It is further argued that both the security forces of Pakistan and the Pakistani Taliban have and will... Read More about War crimes in the armed conflict in Pakistan.

Reappraising the resort to force: international law, jus ad bellum and the War on Terror (2010)
Book
Moir, L. (2010). Reappraising the resort to force: international law, jus ad bellum and the War on Terror. Hart Publishing

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the ‘war on terror’ - has significantly impacted upon the internat... Read More about Reappraising the resort to force: international law, jus ad bellum and the War on Terror.

Law and crime (2010)
Book
(2010). Law and crime. Sage

Sample chapters online