عنوان

The art of judicial reasoning :

(Number (ISBN

3030025535

(Number (ISBN

3030025543

(Number (ISBN

9783030025533

(Number (ISBN

9783030025540

Erroneous ISBN

3030025527

Erroneous ISBN

9783030025526

Title Proper

The art of judicial reasoning :

General Material Designation

[Book]

Other Title Information

festschrift in honour of Carl Baudenbacher /

First Statement of Responsibility

Gunnar Selvik, Michael-James Clifton, Theresa Haas, Luísa Lourenço, Kerstin Schwiesow, editors ; with preface by H.S.H. The Hereditary Prince of Liechtenstein.

Place of Publication, Distribution, etc.

Cham, Switzerland :

Name of Publisher, Distributor, etc.

Springer,

Date of Publication, Distribution, etc.

[2019]

Specific Material Designation and Extent of Item

1 online resource

Text of Note

Reference

Text of Note

Intro; Foreword; Preface; Contents; About the Authors; Part I: Art and Method; E gudde Noper -- A Good Neighbour; The Law; 1 Fundamental Rules and Human Rights in the EU; 1.1 The European Court of Justice Takes Charge; 1.2 The Political Institutions Become Active; 2 The EFTA Court and Fundamental Rights; 2.1 The Historical Background; 2.2 The EFTA Court Finds Its Feet; 2.3 The EFTA Court Squares the Circle; 2.4 The EFTA Court Applies Fundamental Rules in Social Policy and Labour Law; 2.5 The Relationship with National Courts; 3 The Legacy; Reference

Text of Note

2.1 Relative Penal Theories: Primacy of Utility2.2 Absolute Penal Theories: Primacy of Justice; 3 The Different Level; 3.1 The Development of International Criminal Law; 3.2 Problems with Imputing Individual Criminal Responsibility in Macro-Criminality; 3.3 "Transitional Justice"; 4 What Remains of the Purposes of Punishment; 4.1 Absolute Penal Theories with Regard to International Core Crimes; 4.1.1 The Question of Measurement of Guilt; 4.1.2 Benefit/Burden Approaches; 4.2 Preventive Penal Theories with Regard to International Core Crimes; 4.2.1 Positive and Negative General Prevention

Text of Note

4 The Lønning Commission's Report and Adoption of New Human Rights Provisions4.1 The Need for More Human Rights Provisions in the Constitution; 4.2 Selection of Rights; 4.3 Civil and Political Rights; 4.4 Economic, Social and Cultural Rights; 5 The Supreme Court's Application of the New Provisions; 6 EEA Law and Fundamental Rights: A Multi-Level Problem; 7 Concluding Remarks; References; A Different Level, a Different Purpose? Reflections on International Criminal Law from the Perspective of Penal Theory; 1 Prolegomenon; 2 The Foundations of Penal Theory

Text of Note

4.2.2 Positive and Negative Special Prevention5 Punishment and Communication; 5.1 The Case of Slobodan Praljak; 5.2 Punishment as a Communicative Act; 5.3 In Whose Name?; 6 Conclusion; References; The Enforcement of the EEA Agreement by the EFTA Surveillance Authority: Enhancing Welfare and Prosperity; 1 Introduction; 2 Enforcement of the EEA Agreement: ESA's Hybrid Role; 2.1 Introduction; 2.2 Case E-4/17: ESA v Norway (Parking Facility in Kristiansand); 2.3 Case E-16/16: Fosen-Linjen AS v AtB AS; 2.4 Case E-10/17: Nye Kystlink AS v Color Group AS and Color Line AS; 3 Concluding Remarks

Text of Note

European Courts and the Protection of Fundamental Rights1 Introduction; 2 Nature of the Dialogue; 3 The Relationship Between the Court of Justice and the European Court of Human Rights; 4 Benefits of a "Cooperative" Approach; 5 An Interactive Rather Than Hierarchical Relationship; 6 Benefits of an Institutionalised "Dialogue"; 7 Conclusions; References; Fundamental Rights and Fundamental Law: The 2014 Revision of the Norwegian Constitution; 1 Introduction; 2 Human Rights and the Constitution Prior to the 2014 Revision; 3 Enforcement and Control of Human Rights

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Text of Note

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in todays multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s).

Source for Acquisition/Subscription Address

Springer Nature

Stock Number

com.springer.onix.9783030025533

Title

Art of Judicial Reasoning : Festschrift in Honour of Carl Baudenbacher.

International Standard Book Number

9783030025526

Judicial process.

Law-- Methodology.

Judicial process.

Law-- Methodology.

LAB

LAB

LAW079000

Number

Edition

Class number

Book number

Baudenbacher, Carl

Clifton, Michael-James

Haas, Theresa

Lourenço, Luísa

Schwiesow, Kerstin

Selvik, Gunnar

Date of Transaction

20200823074337.0

Cataloguing Rules (Descriptive Conventions))

pn

Electronic name

[Book]

Y