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Books on the topic 'Normative-legal base'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Nikolaeva, Mariya, and Larisa Kartashova. Standardization, Metrology and conformity assessment. 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

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Tarasenko, Yuriy. Private international law. The workshop. INFRA-M Academic Publishing LLC., 2024. http://dx.doi.org/10.12737/2030896.

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The textbook is based on the provisions of unified international norms, the Civil Code of the Russian Federation, as well as other normative legal acts regulating certain sub-branches of private international law. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is intended for students studying in the field of Law, as well as for graduate students specializing in private international law.

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Petrov, Aleksey. Labor law. INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1908882.

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The textbook examines conceptual theoretical and practical issues of modern labor law, substantiates non-traditional approaches to solving problems of labor legislation. The work is based on Russian normative legal acts, international labor law, as well as rulings and rulings of the Constitutional Court of the Russian Federation. The content of the textbook corresponds to the federal state educational standard of higher education. For students, postgraduates and teachers of higher legal educational organizations, law faculties of universities and academies.  The b

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Svechnikova, Larisa. Music and law in Russia of the XVIII-XX centuries. History. Documents. INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/2074249.

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For the first time in historical and legal science, the monograph examines the state regulation of musical education and musical culture in Russia, examines the main stages of their formation and development. Based on an extensive layer of normative sources, many of which were first introduced into scientific circulation, the analysis of the legislation of the Russian Empire since the second half of the XVIII century and the analysis of Soviet legislation from 1917 to the 1980s were carried out, which allowed us to draw conclusions about the role of the state and its legal institutions for the

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Yurchuk, Ol'ga, Ol'ga Ul'yanina, Yuliya Tukfeeva, et al. Professional activity of a teacher-psychologist: organizational basis and work protocols: methodological recommendations. Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02123-1.

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The methodological recommendations consider a wide range of aspects concerning the organizing of psychological and pedagogical support for participants in educational relations. The list of normative legal documents regulating the activity of an educational psychologist (psychologist in the field of education) is presented. Goals and objectives, main types and directions of teacher-psychologist’s activity are given. Forms of reporting documentation based on the results of the professional activity of an educational psychologist (psychologist in the field of education) are presented. The algori

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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 Medica

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Augsberg, Ino, and Gunnar Folke Schuppert, eds. Wissen und Recht. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748921479.

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For a long time, jurisprudence believed that it did not have to deal with the relationship between the law and knowledge. Through the clear separation of factual and legal issues, the problem seemed to have been clarified. But for some years now, the idea of the law having a ‘cognitive dimension’ has been discussed more and more intensively. On the one hand, there are calls to abolish the separation of factual and legal issues, because the law itself (co-)determines the knowledge base necessary for its application. On the other hand, this separation should be maintained or restituted at the sa

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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

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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 nor

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Bassiouni, Mahmoud. Human Rights Between Universality and Islamic Legitimacy. Oxford University Press, 2024. http://dx.doi.org/10.1093/oso/9780197753897.001.0001.

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Abstract Human rights are stuck in a normative dilemma in contemporary Islamic human rights discourses. On the one hand, they have to be Islamically legitimate, that is, anchored in the Islamic legal and intellectual tradition in order not to be considered externally imposed. On the other hand, human rights must also be secular, that is, justifiable independently of Islamic faith in order to live up to their universal character. The aim of the book is to formulate a conception of human rights that is able to satisfy the normative requirements of universality and Islamic legitimacy to the same

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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

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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 cen

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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 bo

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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 conse

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Astier, Cristina, and Ander Errasti, eds. Refugees' Europe. The Rowman & Littlefield Publishing Group, 2021. https://doi.org/10.5040/9798881814762.

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Refugees’ Europe: Towards an Inclusive Democracy addresses, through the normative, practical and political views of well-known international experts, the challenges that the so-called refugee crisis has generated for democracy in Europe. The management of the refugees’ crisis reflects the crisis of democracy in Europe. The refugees’ phenomenon has had a huge impact on European integration, from the local to the supranational scale, making it a pressing matter for the future of democracy in Europe. This book provides a myriad of critical evidence-based expertise combining philosophical, legal,

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Linkenbach, Antje, and Vidhu Verma. State, Law, and Adivasi:Shifting Terrains of Exclusion. SAGE Publications, 2022. http://dx.doi.org/10.4135/978-93-5479-528-2.

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This volume presents an overview of the relationship between the state, law, and Adivasis that have experienced a profound political shift due to privatization of natural resources. It discusses the role of the corporates and its impact on livelihoods of the Adivasis in India. For the Indian state, a significant challenge is to establish a new normative framework for indigenous autonomy based on the values of equality and sustainability. This calls for recognition of the right to self-determination and exercise of collective rights of the Adivasis. The chapters in this volume examine: • ‘Exclu

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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 disentitl

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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

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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 int

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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 provid

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Helm, Rebecca K. How Juries Work. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191948107.001.0001.

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Abstract In How Juries Work, Rebecca K. Helm integrates legal and psychological theory and research to present a comprehensive assessment of the modern criminal law jury, and of how evidence-based research can improve jury performance. The book begins with an examination of the history of the jury, comparative procedures surrounding trial by jury, and modern developments and jurisprudence. This examination is drawn on to suggest that the jury is important symbolically but is not necessarily well-designed to meet the demands of modern society, which increasingly requires an evidence-based jury

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22

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 conte

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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 ho

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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 posit

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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

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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 t

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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

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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

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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 sustainab

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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

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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 soluti

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Maguze, Tracy C. The Governance of Macroprudential Policy. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509968428.

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This book critically examines the theoretical foundations and legal framework for macroprudential policy, its tools and governance in the UK, the US and the EU. It goes deeper into a normative discussion of the legitimacy of macroprudential policy in these jurisdictions, where the mandate for maintaining financial stability has been delegated to independent authorities. The Global Financial Crisis of 2007–2008 reopened debates regarding legitimacy of the independent regulatory state, given its democratic deficit. The response to a perceived legitimacy gap has been to increase political oversig

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Foran, Michael P. Equality Before the Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509964970.

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This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of

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Reyes, Joaquín. Just Price Theory. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509963539.

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This book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the scholastic tradition of the just price and its exclusive concern with commutative justice. There is more to just price theory than the concern for keeping equality of value between goods exchanged. Modern concerns over efficiency, autonomy and distributive justice can also find a place within a theory of the just price. The book presents a new approach to jus

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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 arbi

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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

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Greenfield, Victoria, and Letizia Paoli. Assessing the Harms of Crime. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198758174.001.0001.

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Abstract The central aim of “Assessing the Harms of Crime” is to provide a firm analytical foundation for making normative decisions about criminal and related policy, taking harm—and its reduction—as a conceptual starting point and supplying the means for systematic, empirical analysis in a harm assessment framework. By exploring harm’s place in legal history and theory, criminology, and related fields and by considering the relevance of harm and its reduction for both criminal policy and the governance of security, the book demonstrates the centrality of harm, including its reduction, to cri

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Podder, Sukanya. Peacebuilding Legacy. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192863980.001.0001.

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Abstract A fundamental challenge plagues the global peacebuilding community. How can technocratic approaches to peacebuilding that are rooted in short-term, project-based execution of activities further the longer-term transformative outcomes like altering young people’s attitudes and beliefs about peace and violence? In response to this global challenge, in Peacebuilding Legacies, Sukanya Podder addresses an important gap relating to the long-term effects of peacebuilding programmes involving children and young people. Podder unpacks the concept of peacebuilding legacy through the lens of tim

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Hill, T. Patrick. No Place for Ethics. The Rowman & Littlefield Publishing Group, 2021. https://doi.org/10.5040/9781683935490.

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In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, th

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