法　学 — 全 下位分類

Through the integration of doctrinal and technical approaches, a new perspective on the ongoing evolution of the law emerges, both as a subject of regulation and as an object of computer implementation. In an era in which the law is no longer restricted to printed codes but operates within complex information systems, this volume offers an in-depth analysis of the very concept of legal text. Moving beyond paper-based, document-centric paradigms of law, this book introduces the concept of legal cybertext: a normative, structured, increasingly adaptive, and machine-processable form of text shaped by legal information technologies.
The book develops the theoretical foundations of legal cybertext and examines how digital media transform the very nature of legal textuality. It reconceptualises legal texts as information systems, focusing on automated legal drafting, metadata standards, and e-legislation infrastructures. Finally, it presents future directions of development, including semantic automation, legal ontologies, visualisation tools, and the growing role of AI and blockchain in legal drafting and contracting.
Drawing on an interdisciplinary range of expertise - from legal theory and text linguistics to computer science - the contributors demonstrate how legal provisions and contractual clauses are evolving from traditional forms into hypertextual and data-driven structures. The research presented in the book indicates that the cybertextuality of law transforms legal systems from static collections of legal acts into systems that enable automated reasoning and adaptive access to legal information. The analysis places these transformations within the broader regulatory context of the European Union. It will be welcomed by lawyers, legislators, regulators or legal tech practitioners who seek insight into the effects of the automation of law on legal drafting and interpretation.
More than anything else, this book shows that the future of law lies not merely in the digital format of legal content, but in the transformation of legal data into a highly ordered, transparent and interactive information system.

This book is the second volume of the publication on Legal Language, Legal Discourse: Variation and Beyond, edited by Panagiotis G. Krimpas and Lelija Socanac. It contains ten chapters on legal language and/or discourse issues with particular focus on topics ranging from Eurolects and intrasystemic variation of legal terminology to specific geographical legal language varieties, plain legal language, neology, and emerging legal discourses with environmental relevance, discussed through the lens of contemporary approaches and research methods. The chapters are distributed in two parts, each comprising five contributions. The first part discusses issues of legal language that can be mostly attributed to intrasystemic chronological, sociolectal and/or institutional variation and intersystemic diatopic variation connected with pluricentricity, while the second deals with terminological and text-linguistic approaches. The book will be useful primarily for academics, linguists, legal translators and lawyers, and it can also provide additional reading for students of law, legal linguistics and/or legal translation.

This open access book looks at the increasingly topical question of sanctions in European Union law, and their recent roles in the Union's external relations and the area of EU criminal law.

Sanctions in EU law is a multifaceted topic as it is a cross-cutting area which engrains and influences very distinctive EU law policies and disciplines. This book adopts a very broad definition and approach to sanctions, examining the use of sanctions in distinctive internal EU policy fields and also within the external context. The collection covers EU economic sanctions, the sanctions regime on Russia, their role in criminal law, and how administrative sanctions work within the Union.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.

This open access edited collection, the most recent volume in the landmark series Swedish Studies in European Law, takes an ambitious look at the nature and impact of the European Union.

Drawing on expert analysis, it offers a dual perspective by addressing pertinent questions about the constitutional nature of the Union, as well as the evolution of its Internal Market. This approach has never been more timely as the role of the EU in an increasingly turbulent geo-political environment is both important and challenging. Lawyers as well as others will find this an invaluable assessment of the EU and its power to bring about change.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Written in an accessible style that breaks down complex legal principles, this timely book highlights landmark case studies to illustrate the application of IHL and IHRL in practice. Using these as a foundation, Caceres-Solari dissects the interplay between armed conflicts and their effects. Chapters provide a comprehensive global perspective, examining how legislation operates across borders: covering treaties, international organizations, and state interactions. They analyze cities as centres of control and the importance of dual-use objects, considering recent adaptations from open-field combat.

This book, written by a combat veteran turned scholar, is a valuable resource for students and scholars of public international and humanitarian law owing to its interdisciplinary approach. Law makers and practitioners of military law will also benefit from the clear insights into legal principles.

Brexit, international conflicts, and the migrant crisis are among recent events that have tested the UK's relationship with international law. These, alongside the UK's structural approach to international law at the national and devolved levels, have revealed a complex and evolving relationship with international law that has manifested itself in many forms, ranging from the rhetoric of 'global Britain' to withdrawal from international treaties. Against this backdrop, this collection brings together experts in academia, legal practice, and policymaking to interrogate the UK's multi-dimensional relationship with international law. Its aim is to generate reflection on this relationship by placing these dimensions in dialogue with each other. More precisely, it distils this relationship into two lenses and three themes that define the ways in which the United Kingdom interacts with international law. The two lenses capture the UK's bi-directional, or internal and external, relationship with international law, while the three themes focus on specific aspects of the UK's role in relation to international law, namely, the UK's role as a receiver, shaper, and actor obliged to comply with international law. This collection is a must-read for academics, lawyers, students, and policymakers alike.

The book provides a fresh conceptual lens for rethinking international investment contracts as dynamic instruments of governance. Chapters challenge conventional boundaries by questioning established assumptions about the limits of contract law, the role of contracts in global governance, and the relationships between private and public ordering. Contributing authors explore the interdisciplinary nature of the topic, covering issues from historical development, methods of harmonisation, and model contracts to corruption and tensions between investments and the commercial nature of sovereign debt contracts. The book examines both the need for, and the potential to, redesign of international investment contracts for a more resilient and accountable global economy.

Bridging theory and practice, The Redesign of International Investment Contracts is an essential resource for students and scholars of international investment and arbitration law. Practitioners and policymakers in contract, sustainability, and private international law will also benefit from the book's forward-looking and pragmatic approach.

This collection examines what 'critical theory' as a distinct intellectual tradition in social, political, and legal thought contributes to the study of EU law and to the future of the European project.

Covering a broad range of substantive fields of EU law and the history of legal integration, including constitutional law, the design of monetary union and economic law, fiscal integration and taxation, labour law, fundamental rights and anti-discrimination law, gender equality, migration law and policy, data protection, and the Common Foreign and Security Policy (CFSP), the volume illustrates how a more rigorous engagement with critical theory helps to navigate the post-crisis European legal landscape. The contributors bring fresh, thoughtful, and innovative perspectives to EU law and theory, diagnosing the deep-seated challenges facing contemporary EU law and reimagining the emancipatory possibilities still available for it.

The carceral imaginary explains Americans' stubborn attachment to or at least acceptance of prisons, both in the hyperbolic tough-on-crime practices and in seemingly progressive sectors.

Joining a critical reading of John Locke with theorists of storytelling, the imaginary, decolonial theory, and carceral logic, Shari Stone-Mediatore brings new philosophical resources to bear on the question of how Americans have become so attached to punishment-based social policies despite the failure of our vast network of prisons to protect us from harm. Stone-Mediatore argues that, alongside the political and economic forces driving prison expansion, a carceral imaginary in which we have become deeply invested emotionally has bonded our imaginations to carceral myths and prevented us from thinking meaningfully about safety and justice. Tracing a pattern in the violence-rationalizing myths studied by Frantz Fanon, Enrique Dussel, James Baldwin, and Ida B. Wells, Stone-Mediatore develops a theory of the righteous-violence imaginary. Viewing contemporary U.S. punitiveness-which has led to the incarceration of nearly two million Americans in 6,000 jails and prisons across the country-through this lens, she elucidates the structure of our carceral imaginary and how it embroils us in ever more needs for violence and mythmaking.

Stone-Mediatore explores how stories that take us on journeys with those on the other side of prison walls can help unsettle the masonry of carceralism and build support for safety practices that do not perpetuate trauma and abuse but advance our mutual healing.

This book offers a bold new perspective on how international adjudication operates.

While international courts claim to decide all disputes over which they have jurisdiction, this book argues that sometimes they strategically choose not to. Through detailed case studies and a close analysis of international procedural law, it reveals that courts decide most disputes most of the time - but not all.

By unpacking how courts use doctrines of jurisdiction and admissibility to avoid or narrow down certain issues, the book exposes the covert techniques of judicial avoidance. It shows how the flexibility of international procedural law allows judges to manage politically sensitive disputes without openly acknowledging that they are relying on avoidance doctrines.

This book offers a nuanced and realistic account of international adjudication, one that recognises how legal principle is often weighed against political and practical realities.

This book explores the existing limits of State aid law within the European Union. By examining the State aid acquis, the book provides a critical analysis of interpretative approaches to two key areas essential to the functioning of the State aid control system: when a measure constitutes State aid and the identification and assessment of its effects.

It argues that the perception of what law can realistically achieve is limited by the assumption that all processes are steerable and that lawmakers are entirely capable of achieving their results as long as they correctly identify causal links, as well as by an implied belief in the continued relevance of interpretative approaches even when they no longer fit evolving realities. The focus is on assessing how well-established interpretative approaches to Article 107 TFEU continue to function and whether they produce unintended consequences as economic conditions and forms of State interventionism evolve. It determines whether the identified limits of law are truly impassable in a complex environment and, where they are not, formulates realistic solutions to improve the functioning of the control system.

The book will be of interest to researchers and practitioners in the field of State aid law, competition law, economics and EU law.

This book examines the principle and practice of the core but under-scrutinised pillar of guarantees of non-recurrence in transitional justice.

Transitional justice's grand ambition is embodied in the slogan: 'Never again' - never again should societies endure the atrocities of war and mass violence. However, as conflicts proliferate in the 21st century, transitional justice has thus far failed to ensure states take the necessary steps to remedy their root causes - that is, those measures framed as guarantees of non-recurrence. One reason is a lack of clarity of the scope of the duty to prevent recurrence. This conceptual gap is particularly acute in South Asia, where countries continue to struggle with violence and autocracy. Yet, scholarly examination of this region remains under-developed. With Sri Lanka as a case study, this book contributes to filling these two critical gaps - conceptual and regional - by examining the scope and application of the duty to guarantee non-recurrence from a key Global South perspective. Through extensive fieldwork, the book explores how guarantees of non-recurrence are interpreted and applied in an emblematic post-conflict context in the Global South. Embedding the empirical research in interdisciplinary scholarship across transitional justice, human rights, peacebuilding, development, political economy and regional studies, the book critically interrogates the extent to which guarantees of non-recurrence can effectively advance socio-political transformation towards a more comprehensive justice. The book argues for a re-prioritising of guarantees of non-recurrence within transitional justice and advances a novel approach based on applied political economy to achieve a more transformative version of guarantees of non-recurrence.

This book is relevant for a wide range of scholars, students, policymakers, advocates and activists working in transitional justice, peacebuilding, conflict transformation, human rights and Sri Lanka and South Asian studies.

Contributors provide in-depth analysis of concerns related to the methods and procedures in private international law reflecting on their relevance in different legal situations. They illustrate the application and stress testing of traditional approaches and evaluate how specific categories are distinguished according to the vulnerability of the person to be protected, the legal position, and the values to be enhanced. The book considers the role of contractually weaker parties and the torts' victim, and concludes by addressing these values on a global scale.

Values in Private International Law is a vital reference for scholars and students of private international law, European law and comparative law. Its insights will also be pertinent for practitioners, judges, and international lawyers seeking legislation and case law for challenging issues in these evolving fields.

Key Features:

• Delineates the Schengen territory, including the status of associated countries
• Analyses the institutional framework of Schengen, its enlargement, and its substantive scope
• Explains the historical tensions and controversies surrounding Schengen as a laboratory for European integration and its integration into the EU legal framework
• Provides an in-depth analysis of all instruments forming part of the Schengen acquis, including internal border controls, databases such as the Schengen Information System, and walls and fences at the EU's external borders, as well as police cooperation

The Law of Schengen is an invaluable resource for lawyers specialising in European law and NGO professionals looking to develop their understanding of the Schengen acquis. EU officials from the European Commission, the Council of the European Union, and the European Parliament, as well as European law practitioners, will similarly benefit from its comprehensive analysis.