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1
Nikolaeva, Mariya, and Larisa Kartashova. Standardization, Metrology and conformity assessment. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1003102.
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Describes the basic concepts and components of standardization, Metrology, assessment and confirmation of compliance, the normative-legal base of these activities with the accounting requirements, including newly adopted Federal laws.
Meets the requirements of Federal state educational standards of higher education of the last generation.
Designed for students of higher educational institutions in the areas of "trade", "commodity" (the degree qualification "bachelor"). Can be useful for students of institutions of secondary professional education on specialties "commodity research and quality expertise of consumer goods", "Commerce (on branches)", "Technology of catering products", "Organization of service in public catering".
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Zelinsky, Edward A. Taxing the Church. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190853952.001.0001.
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This book explores the legal and tax policy issues that arise when churches and other religious institutions are taxed or exempted. Churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject—federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes—fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt—general income taxes, value-based property taxes, unemployment taxes—are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, nonsubsidizing goal of minimizing church-state enforcement entanglement and thus be regarded as part of a normative tax base. Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation makes these legal and tax policy trade-offs reasonably, though there is room for improvement in particular settings.
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Cimino, Chapin. Virtue Jurisprudence. Edited by Nancy E. Snow. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199385195.013.11.
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Recently, legal scholars have brought renewed attention to the question of what modern law may have to learn from Aristotle specifically, and from virtue ethics generally. This new virtue jurisprudence movement is situated in the debate over normative legal theory, yet it has taken on a decidedly practical question: What would happen if virtue ethics were transplanted into normative legal theory? This chapter offers a taxonomy of the new literature along two different axes. The first axis identifies three different impacts of analyzing law through the lens of virtue jurisprudence). The second axis demonstrates two different ways of applying virtue jurisprudence. These include a substantive application (proposing law reforms to include more “virtuous” standards), and a procedural, or process-based, application (examining how law affects an individual’s own efforts to realize a good life, where the individual is responsible for her own habits, behaviors, and choices to that end).
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Morse, Stephen J. Neuroethics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199935314.013.45.
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This chapter discusses whether the findings of the new neuroscience based largely on functional brain imaging raise new normative questions and entail normative conclusions for ethical and legal theory and practice. After reviewing the source of optimism about neuroscientific contributions and the current scientific status of neuroscience, it addresses a radical challenge neuroscience allegedly presents: whether neuroscience proves persons do not have agency. It then considers a series of discrete topics in neuroethics and neurolaw, including the “problem” of responsibility, enhancement of normal functioning, threats to civil liberty, competence, informed consent, end-of-life issues, neuroevidence in criminal cases, and the ethics of caution. It suggests that the ethical and legal resources to respond to the findings of neuroscience already exist and will do so for the foreseeable future.
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Berman, Paul Schiff, ed. The Oxford Handbook of Global Legal Pluralism. Oxford University Press, 2020. http://dx.doi.org/10.1093/oxfordhb/9780197516744.001.0001.
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Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century. Wherever one looks, there is conflict among multiple legal regimes—some of which are state-based; some are built and maintained by nonstate actors; some fall within the purview of local authorities and jurisdictional entities; and some involve international courts, tribunals, and arbitral bodies, as well as regulatory organizations. Global legal pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities in order to foster dialogue across difference. Featuring works from a diverse set of authors touching on nearly every area of legal pluralism research, this book is the first comprehensive review of global legal pluralism scholarship ever produced. As such, it is a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law.
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Driesen, David, and Robin Paul Malloy. Critiques of Law and Economics. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.024.
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This article summarizes leading critiques of law and economics. These critiques are grouped into three categories. The article first addresses concerns about the normative value of economic efficiency as a leading goal for law. It then addresses methodological criticisms, which often call into question the coherence of the allocative efficiency concept. Finally, it discusses the interpretive criticisms of law and microeconomics, which view law and economics as a rhetorical form and raises questions based on that view. Scholars have questioned the normative value of economic efficiency as a central goal of law. They have also challenged the coherence and objectivity of the methods used to assess economic efficiency. They have questioned the claim of economics as somehow providing a scientific justification for law, arguing instead that it constitutes a rhetorical form shifting the terms of legal argument and changing its outcomes.
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Erueti, Andrew. The UN Declaration on the Rights of Indigenous Peoples. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780190068301.001.0001.
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This book offers a distinctive approach to the key international instrument on indigenous rights, the United Nations Declaration on the Rights of Indigenous Peoples (Declaration), based on a new account of the political history of the international indigenous movement as it intersected with the Declaration’s negotiation. The current orthodoxy is to read the Declaration as containing human rights adapted to the indigenous situation. However, this reading does not do full justice to the complexity and diversity of indigenous peoples’ participation in the Declaration negotiations. Instead, the book argues that the Declaration should be subject to a novel, mixed-model reading that views the Declaration as embodying two distinct normative strands that serve different types of indigenous peoples. Not only is this model supported by the Declaration’s political history and legal argument, it also provides a new and compelling theory of the bases of international indigenous rights while clarifying the vexed question of who qualifies as indigenous for the purposes of international law.
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Sheeran, Scott. The Use of Force in United Nations Peacekeeping Operations. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0017.
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This chapter focuses on the nature, scope, and legitimacy of the use of force by UN peacekeeping operations within the framework of international law. Before clarifying the legal authority of UN peacekeepers to use force, it considers the historical and conceptual foundations and development of the use of force in UN peacekeeping. It then outlines the normative framework for use of force, including the categorization and legal bases for use of force under international law, and its relation to the jus ad bellum. The chapter also discusses the ‘basic principles’ of UN peacekeeping, namely consent of the main parties to the conflict, impartiality, and non-use of force except in self-defence, along with the goals of protecting civilians and responding to violations of international human rights law. Finally, it analyses the operational and practical challenges that arise due to the legal problems resulting from the use of force by UN peacekeepers.
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Cohen, Julie E. Between Truth and Power. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190246693.001.0001.
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This book explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways. We are witnessing the emergence of legal institutions adapted to the information age, but their form and their substance remain undetermined and are the subjects of intense struggle. One level for legal-institutional transformation involves baseline understandings of entitlement and disentitlement. Both lawyers and laypeople tend to think of legal entitlements as relatively fixed, but the ongoing transformation in political economy has set things in motion in ways that traditional accounts do not contemplate. In particular, the datafication of important resources and the shift to a platform-based, massively intermediated communications environment have profoundly reshaped both the organization of economic activity and the patterns of information exchange. The authority of platforms is both practical and normative, and it has become both something taken for granted and a powerful force reshaping the law in its own image. Another level for legal-institutional transformation involves the structure and operation of regulatory and governance institutions. Patterns of institutional change in the networked information era express a generally neoliberalized and managerialist stance toward the law’s projects and processes. They reflect deeply embedded beliefs about the best uses of new technological capabilities to manage legal and regulatory processes and account for activities of legal and regulatory concern.
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Sarch, Alexander. Criminally Ignorant. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190056575.001.0001.
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Criminally Ignorant: Why the Law Pretends We Know What We Don’t is about the legal fiction that we know what we don’t. If you bury your head in the sand rather than learn you’re committing a crime, you can be punished as if you knew. How can that be justified? This book offers a framework to explain why it’s not as puzzling as it seems. When remaining ignorant of the facts is sufficiently culpable, the interests and values protected by the criminal law are served by punishing you as though you knew those facts. This idea—imputing mental states based on equal culpability—is what this book seeks to justify (at least within limits). The resulting theory shows that some legal fictions—like the willful ignorance doctrine—require reform. At the same time, it shows why we also need more legal fictions of this kind. Moreover, they should be extended to impose further accountability on corporations. Still, equal culpability imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don’t has far-reaching implications for legal practice and reveals the pressing need for reform.
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Yamin, Alicia Ely, and Andrés Constantin. The Evolution of Applying Human Rights Frameworks to Health. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190672676.003.0003.
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This chapter explores the evolution and struggles of the “health and human rights movement,” focusing particularly on relevant developments in health and international law that enabled greater attention to the right to health. It discusses the evolution of human rights-based approaches (HRBAs) to health, which extended these legal concepts into the domains of development and social policy. Over twenty years after it began to take shape, the “health and human rights” field is not one discipline but many. This cluster of related work now faces the new challenges of a precariously constructed international normative scaffolding, the rising complexities of moving from constitutional norms to effective enjoyment in practice at the national level, and the potential danger of HRBAs being reduced to technocratic formulas and emptied of their subversive potential.
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von Wangenheim, Georg. Evolutionary Law and Economics. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.011.
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This article examines the use of evolutionary theories in law and economics. It begins with a discussion of the concept of evolution. It then explains the central ideas of three central evolutionary approaches in law and economics: the neo-institutional approach, microeconomic models, and the idea of competing jurisdictions. Neo-institutionalist approaches provide a bouquet of arguments which may be used to explain the evolution of law. Microeconomic approaches driven by demand for, and supply of legal rules as well as their interactions with social norms and technological evolution may provide such models, but, since these models are based on Markov processes and thus on stochasticity, they may only describe and predict expected values of legal change. As a consequence, explanations of specific legal variations cannot be traced back to specific elements of these evolutionary theories in law and economics. This caveat persists even if one would extend the models to allow for co-evolution of jurisdictions partly driven by comparative lawyers' research. Nevertheless, the said microeconomic approaches may still be useful for normative evaluations of differences in the law: If the frameworks of legal evolution in jurisdictions differ, the theory may offer arguments for why the evolution in one or the other will tend towards a more desirable outcome (for example efficiency). One should however always be aware that these theories can only make statements on tendencies of evolution, not on specific legal changes. The same caveats apply in an even stronger way to the use of (evolutionary) theories of inter-jurisdictional competition.
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Depoorter, Ben, and Paul H. Rubin. Judge-Made Law and the Common Law Process. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.001.
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One of the most illustrious normative claims in the law and economics literature, originating with Posner and supported by models of evolutionary legal change, posits that a system of judge-made law offers efficiency advantages over statute-based systems. In recent years, however, scholarship has identified aspects of common law systems that undermine the optimism about judge-made efficiency. This chapter reviews the original economic literature on the efficiency of the common law and then describes supply- and demand-side obstacles to efficient judge-made law. On the supply side, a rich body of literature on judicial decision-making and judicial attitudes casts doubt on the ability as well as the motivations of courts to bring about efficient precedent. Demand-side complications include interest group effects, plaintiff selection effects, information selection effects, settlement selection effects, and procedural factors.
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Ehrenberg, Kenneth M. Law Is an Institution, an Artifact, and a Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821977.003.0009.
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Seeing law as an artifact might raise concerns about a metaphysical clash between this view and one in which law is described as a practice. Many have argued that seeing law as an artifact is compatible with, or even demanded by, H.L.A. Hart’s legal positivism, in which law is based on a practice theory rule (and which this chapter shows to fit nicely with Raimo Tuomela’s understanding of social practices). However, Scott Shapiro has attacked Hart’s view for committing a category mistake, claiming rules and practices are ontologically distinct. Seeing law as a kind of artifact helps to show how practices can be normative in that artifacts come bundled with (weak) norms of usage and (stronger) norms of recognition. Lingering doubts about seeing law as a kind of artifact are addressed in this chapter by understanding its institutional nature.
15
Scheuerman, William E. States of Emergency. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.017.
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Carl Schmitt’s theory of emergency powers has garnered substantial attention in the aftermath of terrorist attacks on the US, UK, and Spain. Against those who underscore apparent discontinuities in Schmitt’s view of emergency government, or see him as advocating law-based and/or a constitutional model of emergency government, this chapter revisits three key historical and intellectual contexts—the First World War, the Weimar debate about Article 48, and the disintegration of Weimar democracy after 1930— to offer an alternative interpretation. The radical anti-legal character of Schmitt’s position, along with its underlying continuities, is emphasized. Three recent post 9/11 employments of Schmitt’s ideas about emergency power are then examined. Each is found inadequate, in part because each accepts too much of the underlying logic of Schmitt’s theory and thus becomes vulnerable to its normative and political frailties.
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Naomi, Roht-Arriaza. Part I Combating Impunity: General Obligations, Principle 1 General Obligations of States to Take Effective Action to Combat Impunity. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0005.
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In general, Principle 1 is the introduction and cornerstone to the Principles. It defines state responsibility for the interrelated obligations spelled out in the Principles, emphasizing the mandatory, interrelated, non-hierarchical nature of these obligations in addition to responsibility for the underlying violations. Principle 1 is based on then-existing jurisprudence of the regional human rights courts and the United Nations human rights bodies, as well as from academic and non-governmental commentary. This chapter first provides a historical background and discusses the contemporary context in which Principle 1 is applied. It then describes the normative (legal/ethical) foundation of the Principle, focusing on how its interpretation is influenced by international law and how it relates to notions of transitional justice. It also analyzes the applications of the Principle in practice before concluding with an assessment of some of its ambiguities and weaknesses.
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Flanigan, Jessica. A Defense of Self-Medication. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190684549.003.0001.
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The same considerations that justify rights of informed consent also justify rights of self-medication because paternalism is wrong at the pharmacy and in the doctor’s office. Rights of self-medication require that patients have legal access to medicines without a prescription and without authorization from a regulatory agency. Like informed consent, the right of self-medication does not rely on a single, potentially controversial normative premise. From a consequentialist perspective, patients should be entrusted with making choices for themselves because they are generally most knowledgeable about which decision will further their interests. From a rights-based perspective, medical decisions are often intimate and personal choices that are especially significant to patients. Furthermore, even if a medical choice is not intimate, personal, or especially significant, people are more generally entitled to choose how they live their lives without being subjected to benevolent interference by physicians or public officials.
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Vallier, Kevin, and Michael Weber. Scopes of Religious Exemption. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190666187.003.0009.
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Religious exemptions take a variety of forms, with distinct shapes and normative underpinnings. This chapter identifies eight ideal types of religious exemptions, grouped into three larger rubrics, representing different analytic and justificatory structures, to help make sense of what might otherwise seem to be mysterious discontinuities and inconsistencies. The essay suggests how the various types can illuminate each other and how surveying the sequence as a whole might say something about the relationship between religion and the state and the power of the legal imagination. The payoff is that the first, most straightforward, category of religion-based exemptions is also the most radical. Some of the other categories are tamer precisely to the extent that they introduce a wider and more complex range of values, but that the excursion in the end will necessarily come full circle to where it began, with an existential encounter between religion and the state.
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Henrÿ, Hagen. Co-operative Principles and Co-operative Law Across the Globe. Edited by Jonathan Michie, Joseph R. Blasi, and Carlo Borzaga. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684977.013.4.
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This chapter first outlines the legitimacy of measuring co-operative law by the internationally recognized co-operative principles, and the evolution of co-operative law across the globe over the past decades. Based thereupon it then suggests re-establishing the rationale for a co-operative law which distinguishes co-operatives from other types of enterprises, this rationale being the sustainable development enhancing diversity of enterprise types. The locus of competition/competitiveness is shifting from financial performance to the normative capacity of enterprises to contribute to sustainable development. Co-operatives have a competitive advantage in this respect. This chapter will therefore suggest how to translate this capacity into the legal structure of co-operatives. It does so against the background of the economic, political, sociological, and socio-psychological changes and challenges, of which globalization is both cause and effect, and which impact the co-operative values and the notion of (co-operative) law and of law-making.
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Lawson, Anna. Uses of the Convention on the Rights of Persons with Disabilities in Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0017.
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This chapter draws on data provided in Chapters 2–14 to carry out a functional analysis, identifying and exploring seven ways in which the Convention on the Rights of Persons with Disabilities (CRPD) has been used in the court judgments in the cases analysed in this study: first, its use to invalidate or declare unconstitutional national or regional legislation judged to be inconsistent with it; second, its use to overturn or radically reinterpret domestic jurisprudence or legal doctrine; third, its use to provide normative content to proactively ‘fill gaps’ in domestic law; fourth, its use to help resolve ambiguities in domestic law (statutory or otherwise); fifth, its use to bolster or support decisions based on domestic or other international authorities; sixth, its use to affirm the importance of the human rights of disabled people; and, finally, its use as a check on executive or public body decision-making. Christopher McCrudden’s comparative international law analysis is referenced to illuminate the discussion.
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Bart PM, Joosen, Lamandini Marco, and Tröger Tobias H, eds. Capital and Liquidity Requirements for European Banks. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198867319.001.0001.
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Part of the Oxford EU Financial Regulation Series, this book analyses the harmonised legislative framework for capital adequacy and liquidity supervision in the Single Rule Book for European banks. It brings together leading experts in the field of prudential banking regulation and accounting to provide an in-depth analysis of the regulatory framework. The book goes far beyond the existing rules and standards, not only by looking into the historical realisation of the European Single Rule Book (SRB) for capital adequacy and liquidity supervision, but also by going deeply into the background of the standards put forward by the Basel Committee for Banking Supervision, the global rule-maker for the financial sector. The insights provided into the historical and normative background are essential in order to facilitate a more constructive interpretation of the extensive rules of the SRB The book also delivers a deeper understanding of the various policy choices that Europe has made in the transposition of the Basel standards. An important reference source for all legal practitioners and scholars researching European financial regulation, the book provides an extensive representation of the key topics, affording the reader unique insights into the interrelation and the interplay of the various prudential rules and standards in Europe.
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Bourbeau, Philippe, Jean-Michel Marcoux, and Brooke A. Ackerly, eds. A Multidisciplinary Approach to Pandemics. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192897855.001.0001.
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Pandemics have quickly become one of the most important subjects of the twenty-first century. This edited volume provides a comparative analysis of the ways in which pandemics are theorized and studied across several disciplines. The book has three objectives: first, to explore the growing diversity of theories and paradigms developed to study pandemics; second, to initiate a multidisciplinary dialogue about the ontological, epistemological, paradigmatic, and normative aspects of studying pandemics across disciplines; and third, to highlight the potential of pandemics to move us towards solutions based on equality and justice. The study of pandemics is not new. Yet despite the volume of research interest in a host of academic fields, scholars rarely talk across the disciplines. This book seeks fill that gap by attempting to bridge disciplinary canyons. Eager to encourage this arena of conversation, the book brings together in a single volume essays by political scientists, environmental scholars, legal scholars, clinical pharmacists, economists, scholars of urban planning, scholars in health and medicine schools, and researchers in business and management.
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Alex, Mills. Part X Judicial Review, Judicial Performance, and Enforcement, 31 The Principled English Ambivalence to Law and Dispute Resolution Beyond the State. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0032.
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This chapter examines what appears to be an ambivalence in English law towards non-state forms of law and dispute resolution. It begins by focusing on the fact that an English court will not recognize the validity of a choice of non-state law in a contract, but will nevertheless recognize and enforce an arbitral award based on the application of non-state law, identically chosen by the parties. It then deals with the English courts’ attitude to the recognition and enforcement of a foreign arbitral award which has been set aside by the courts of the seat of the arbitration, under which the arbitral award is neither voided, nor necessarily still enforceable. In both of the contexts examined in this chapter-the question of the validity of a choice of non-state law, and the question of the enforceability of an arbitral award set aside by the courts of the arbitral seat-the underlying issue is the extent to which English law and courts are receptive to non-state norms and normative processes, and the extent to which they remain in a paradigm under which states are the exclusive sovereign actors. In both contexts, the English legal system strikes a balance.
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Bezerra, Mateus Rodrigues Machado, and Marcus Aurélio de Freitas Barros. A técnica da ampliação do julgamento colegiado e os limites da cognição no quórum ampliado. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-011-3.
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Significant innovation brought by the Civil Procedure Code of 2015, the collegiate expansion technique replaced the outdated appeal of infringing embargoes, and started to apply to ex officio non-unanimous second instance collegiate decisions. Naturally, since this is an unprecedent mechanism in Brazilian procedural law, polemics about it didn’t take long do appear in court. In this scenario, the present work deals with the most relevant issues – pertinent to the legislator's purpose in creating the technique and to its normative panorama –, which have provoked instigating debates in the legal literature and in the courts. In this tone, a sensitive issue was highlighted, capable of directly interfering in the new nuances of the CPC/2015 appeal system, regarding the limits of cognition of the expanded collegiate. That’s to say, can the judges who arrive to expand the collegiate review the initially unanimous questions, or should they restrict their votes to the issues that had been the subject of dissent? Based on bibliographic research, without neglecting the jurisprudence and the critical examination of the positioning of Courts, notably the Superior Court of Justice, the work proposes reflections on the controversial theme pertinent to the procedural technique of the expanded collegiate trial, evaluating, in the perspective of to have been an advance or a setback, as well as facing the controversial theme of the cognitive limits of the trial in the expanded quorum.