法　学 — 全 下位分類

We delegate more and more decisions and tasks to artificial agents, machine-learning mechanisms, and algorithmic procedures or, in other words, to computational systems. Not that we are driven by powerful ambitions of colonizing the Moon, replacing humans with legions of androids, creating sci-fi scenarios a la Matrix or masterminding some sort of Person of Interest-like Machine. No, the current digital revolution based on computational power is chiefly an everyday revolution.

It is therefore that much more profound, unnoticed and widespread, for it affects our customary habits and routines and alters the very texture of our day-to-day lives. This opens a precise line of inquiry, which constitutes the basic thesis of the present text: our computational power is exercised by trying to adapt not just the world but also our representation of reality to how computationally based ICTs work. The impact of this technology is such that it does not leave things as they are: it changes the nature of agents, habits, objects and institutions and hence it subverts the existing order, without necessarily generating a new one.

I argue that this power is often not distributed in an egalitarian manner but, on the contrary, is likely to result in concentrations of wealth, in dominant positions or in unjust competitive advantages. This opens up a struggle, with respect to which the task of reaffirming the fundamental values, the guiding principles, the priorities and the rules of the game, which can transform, or attempt to transform, a fierce confrontation between enemies in a fair competition between opponents rests on us.

This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world.

In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development.

This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.

This book addresses the ethical and practical issues at stake in the reconciliation of Indigenous and non-indigenous communities.

An increasing number of researchers, educators, and social and environmental activists are eager to find ways to effectively support ongoing attempts to recognize, integrate and promote Indigenous perspectives and communities. Taking Canada as its focus, this book offers a multidisciplinary consideration of a range of reconciliation policies, practices and initiatives that are relevant in all settler states. Set against its increasing neoliberal appropriation, the book resituates reconciliation in the everyday contexts of community interaction and engagement, as well as in the important areas of Indigenous knowledge, resource management and social and environmental justice. Reconciliation is not just the responsibility of law and government. And, attuned to the different perspectives of settlers, migrants and refugee communities, the book examines areas of opportunity, as well as obstacles to progress, in the forging of a truly decolonizing framework for reconciliation.

As the challenges of reconciliation cross numerous academic and substantial areas, this book will appeal to a range of scholars and practitioners working in law, politics, education, environmental studies, anthropology and Indigenous studies.

This book analyzes the specifics of corporate governance of China's State Owned Enterprises (SOEs) and their assessment under EU merger control, which is reflected in the EU Commission's screening of the notified economic concentrations.

Guided by the going global policy and the Belt and Road Initiative, Chinese SOEs have expanded their global presence considerably. Driven by the need to acquire cutting edge technologies and other industrial policy considerations, Chinese SOEs have engaged in a series of corporate acquisitions in Europe. The main objective of this book is to demonstrate the conceptual and regulatory challenges of applying traditional merger assessment tools in cases involving Chinese SOEs due to the specifics in their corporate governance and the regulatory framework under which they operate in China. The book also explores the connection between the challenges experienced by the merger control regimes in the EU and the recent introduction of the EU foreign direct investment screening framework followed by a proposal concerning foreign subsidies.

The book will be a useful guide for academics and researchers in the fields of law, international relations, political science, and political economy; legal practitioners dealing with cross-border mergers and acquisitions; national competition authorities and other public bodies carrying out merger control; policy makers, government officials, and diplomats in China and the EU engaged in bilateral economic relations.

This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh.

The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony.

Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states' problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.

This book is an investigation into Carl Schmitt's critical thinking regarding the alleged deficiencies he identified in modern liberalism. Noted jurist, constitutional scholar, and a fierce critic of liberalism and pluralism, Schmitt mounted a sustained attack on the defects of the Weimar constitution between 1916 and 1934, contending that what Germany needed was a strong decisive leader to maintain political unity. This book provides a concise and clear explanation of Schmitt's disagreements with other constitutional scholars, from his time as a university graduate up until Hitler's rise to power. Although these disagreements were couched in legal terminology, they represented political criticisms that went directly to the heart of modern democracy, culminating in Schmitt's defence of the Reich against Prussia in the constitutional crisis of 1932.

The book concludes with a strenuous defence of modern liberalism in response to the Schmittian critique. Thus, this book is not just an exploration of Carl Schmitt's work, but a response to one of the harshest attacks on the modern liberal state, and a blueprint for a renewal of democracy, pluralism, and the rule of law.

This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models.

Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

This book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.

This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region.

The book is a significant contribution to our ability to understand the work and perspectives of jurists and their effect on legal development in Latin America. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification, through national public law and constitutional law, to international developments that left their mark on the region and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians in various countries of the region looking at the jurist's particular merits, contributions to law in general, religious perspective, and importance within the specific country and period under consideration. Giving the work a diversity of international and methodological perspectives, the chapters have been written by distinguished legal scholars and historians from Latin America and around the world.

The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians among other readers will find, for the first time in English, authoritative treatments of the region's essential legal thinkers and authors. Students and other who may not read Spanish will appreciate these clear, accessible, and engaging English studies of the region's great jurists.