Kitoblar

L'etat de droit

Forgée à la fin du xix siècle dans la doctrine juridique allemande puis transposée en France pour répondre à l'exigence de fondation du droit public, la théorie de l'État de droit a connu au xx siècle de sensibles inflexions: le défi totalitaire a conduit au dépasse- ment de la conception purement formelle, reposant sur l'idée de hiérarchie des normes, au profit d'une conception substantielle privilégiant la garantie de la sécurité juridique et des libertés fondamentales. Si l'État de droit a été à partir des années quatre-vingt promu au rang de standard international, auquel tout État est tenu de se conformer, l'édifice est resté fra- gile. Le reflux du modèle politique libéral à partir des années 2000 a contribué à mieux marquer les limites d'une vision qui avait été trop vite parée des attributs de l'universalité. Dans les pays libéraux eux-mêmes, la croyance dans les vertus de l'État de droit a ten- du à s'effriter au cours des dernières années, sous la pression de menaces nouvelles.

Law and Artificial intelligence

This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and Al lawmaking, the many and varied contributors to this volume discuss how Al could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how Al changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in several disciplines (e.g., law, ethics, sociology, politics, and public administration) and those who may find themselves confronted with Al in the course of their work, particularly people working within the legal domain (e.g., lawyers, judges, law enforcement officers, public prosecutors, lawmakers, and policy advisors). Bart Custers is Professor of Law and Data Science at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands. Eduard Fosch-Villaronga is Assistant Professor at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands.

The birth of digital human rights

This book considers contested responsibilities between the public and private sectors over the use of online data, detailing exactly how digital human rights evolved in specific European states and gradually became a part of the European Union framework of legal protections. The author uniquely examines why and how European lawmakers linked digital data protection to fundamental human rights, something heretofore not explained in other works on general data governance and data privacy. In particular, this work examines the utilization of national and European Union institutional arrangements as a location for activism by legal and academic consultants and by first-mover states who legislated digital human rights beginning in the 1970s. By tracing the way that EU Member States and non-state actors utilized the structure of EU bodies to create the new norm of digital human rights, readers will learn about the process of expanding the scope of human rights protections within multipledimensions of European political space. The project will be informative to scholar, student, and layperson, as it examines a new and evolving area of technology governance-the human rights of digital data use by the public and private sectors.

Information & Internet law - global practice

The world relles upon the Internet connecting distant participants freely exchanging information. Bringing some certainty to this dynamic environment are the legal foundations, presented through guidance, standards, statutes, regulations, directives, and cases from the last 15 years in the United States and Europe. The areas of information law addressed are privacy, information security, and data protection law, unlawful data disclosures through cybercrime and data breach, and lawful data disclosures related to messaging and surveillance. The areas of Internet law covered are access, jurisdiction, speech, Intermediary liability. intellectual property, e-commerce through electronic and website agreements, and online consumer protections, including for adtech. This book, used at law schools globally, serves as volume 1 of a two-volume set. New lawyers, lawyers new to Information and Internet law, lawyers updating their knowledge on the latest statutes and cases, and lawyers desiring a U.S. EU comparative legal perspective are among the audiences for this single resource on Information and Internet law. The author has written numerous books on privacy and technology law and on legal history. Having lived and worked across the globe and industries, he brings a unique perspective to explain a complex topic. This book is the result of those many years of experience and Insight.

The international law of biotechnology

In this thoroughly updated second edition, Matthias Herdegen provides a comprehensive and contemporary assessment of the regulation of biotechnology processes and products from an international and comparative perspective, complete with analysis of intricate legal and ethical debates. Considering recent advances in biotechnology, this new edition explores how regulatory approaches to controversial issues such as stem cell research, cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. Reflecting on current developments, the book explores the interaction between biotechnology and different fields of law, including: human rights, intellectual property, trade law and environmental law. In doing so, Herdegen investigates complex concerns such as balancing commercial interests with socio-cultural considerations and ensuring respect for human dignity in the pursuit of biomedical research. Furthermore, this new edition includes examination of recent developments in areas such as genome editing, biomedicine, COVID-19 vaccines, and patents on essentially biological products, with an entirely revised section on biobanks. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and at an international level. Practicing lawyers will also benefit from a diverse array of sources from a range of legal systems.

The law of treaties

Presenting up-to-date case law and a freshly updated bibliography, this second edition of The Law of Treaties is a valuable addition to contemporary international law scholarship. It offers much-needed clarity on complicated cases and questions whilst maintaining a highly readable style. This timely second edition offers both theoretical and practical insights into the modern law of treaties. Chapters include new additions based on recent legal developments, such as updated information on the invalidity of treaties, and provides precise legal analyses through the integration of modern treaty practice. The Law of Treaties will be highly beneficial for students and academics of international law, politics and international relations looking to expand their knowledge of international affairs. It will also be a valuable read for practitioners wishing to remain informed about new treaties law.

Fintech

This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession. Key Features: Three new chapters covering Al in the Financial Sector, Bank-FinTech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States Examination of potential blockchain and artificial intelligence applications in the financial services industry Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act.

Comparative law

"The publication of the third edition of Mathias Siems' excellent Comparative Law is to be greatly welcomed by students and comparative law scholars alike. Siems provides not only clear guidance to the methodology and essential contemporary debates of comparative law, but a truly global perspective! Professor Paula Giliker, University of Bristol 'With its attention to postmodern, socio-legal and numerical approaches to comparative law, this book represents an innovative toolkit for analysing legal diversity. It further illustrates the significance of comparative analysis through references to several topical issues, ranging from corporate governance to human rights. Comparative law emerges as an open discipline, fundamental to understanding contemporary law in a global perspective! Dr Guido Comparato, Birkbeck, University of London Comparative Law offers a thorough grounding in the subject for students and scholars alike, covering essential academic discussions and comparative law methodology. It critically debates both traditional and modern approaches to the discipline and uses examples from a range of jurisdictions to give the reader a truly global perspective. Its contextualised and interdisciplinary approach draws on examples from politics, economics and other social sciences to provide an original contribution to topics of comparative law. This new third edition is fully revised to reflect developments in the scholarship and includes two new chapters, balancing the book's structure between comparative law of the past, present and future. Suitable for students taking courses in comparative law and related fields, this book offers a fresh and cosmopolitan perspective on the subject.

Introduction to criminology

After many years in academia, we are grateful for having the colleague whom we also consider a dear friend, someone special in our lives. Steve was one of those exceptional colleagues. a dear friend, to me. I will miss our conversations. Those who knew Steve appreciate that those conversations could range from how much snow he was shoveling to his thoughts on why the SEC is so wonderful (I'm Big 10) to his favorite episodes of Law and Order. Steve always expressed such joy and pride when talking about the special loves in his life-his wife, Kim, his daughter, Rian; and his mom and dad, Jane and Steve.

Political indentity & Afrikan foreign policies

Data governance in ai, fintech and legaltech

Advocating for more standardised data governance practices and promoting the digital economy, Data Governance in Al, FinTech and LegalTech investigates the rationale, legal base and tools of data governance in the financial sector. This timely book makes a significant contribution to the debate around how rapidly-evolving digital finance practices should be regulated. Contributions from leading researchers examine a range of financial services, offering a comprehensive assessment of the available tools for constructing multi-layered matrix systems for data governance in the financial services sector. Chapters explore data governance in the cryptocurrency market, crypto-asset providers, legal services for mergers and acquisitions, consumer insurance, consumer finance, digital platform services, securities exchanges and the green bond market. The book serves to define the legal contours of data governance, taking account of the influence of shifting business models, the views of multiple stakeholders and emerging issues surrounding data protection, privacy and cybersecurity. This is a crucial read for scholars of law and finance who are researching data regulation, data governance and financial market law. Exploring both the opportunities and risks arising from the digital transformation of financial markets, it will also be invaluable for practitioners and policy makers working in the financial sector, law, risk management and compliance.

Teaching learning and New technologies in higher education

This book discusses emerging issues related to teaching-learning in Indian higher education and the integration of technology. It brings together a host of national and international experts specializing in various aspects of teaching-learning in higher education, technology, and classroom practices to present policy and organizational strategies for enhancing innovation in teaching-learning processes, and offers a comprehensive overview of teaching-learning in connection with broader themes and concerns such as academic freedom, globalization, and new technologies. Reviewing a wide range of current practices and discussing specific teaching-learning challenges in depth, the book will be of interest to researchers and students of education, practitioners of higher education policy, and teacher educators alike.

An introduction to European law

General principles of law

The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law, it explains in detail, theoretically and based on the specific case law, the phenomenon of general princi- ples of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practi- tioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition. Daiga Rezevska, Dr.iur. (2004), University of Latvia, is Professor, former justice of the Constitutional Court, and ad hoc judge of the European Court of Human Rights. Her most recent publication is Legislation in Latvia. In: Karpen U.. Xanthakı H. Eds Legis- lation in Europe. Country by Country Guide (Hart Publishing, 2021).

Rethinking corruption

This series is a forum for innovative scholarly writing from across all sub- stantive fields of political science and international studies. The series aims to enrich the study of these fields by promoting a cutting-edge approach to thought and analysis. Academic scrutiny and challenge is an essential compo- nent in the development of political science and international studies as fields of study, and the act of re-thinking and re-examining principles and precepts that may have been long-held is imperative. Rethinking Political Science and International Studies showcases authored books that address the field from a new angle, expose the weaknesses of existing concepts and arguments, or 're-frame' the topic in some way. This might be through the introduction of radical ideas, through the integration of perspectives from other fields or even disciplines, through challenging existing paradigms, or simply through a level of analysis that elevates or sharpens our understanding of a subject. For a full list of Edward Elgar published titles, including the titles in this series, visit our website at www.e-elgar.com.

Sociology

From early theories on human societies to modern interdisciplinary perspectives, this comprehensive text is an excellent guide for learning about sociology. This book is an essential overview of sociology theories, principles, and approaches elucidating multidimensional concepts of groups, communities, institutions, and social behavior. The content of the book covers the essential principles of sociology and gives you the ability to interpret theories and scientific methods. It develops skills to apply theoretical frameworks to analyze situations and behaviors. Learn about social psychology, social culture, demography, social inequalities, and research methods, as well as historically significant sociologists who contributed to these knowledge areas. The book also describes concepts of personality, self-presentation, and other aspects of social behavior and how they affect social networks and interactions. Created by highly qualified sociology teachers and researchers, this book educates and empowers readers to increase their understanding of sociology. We sincerely hope this guide will be a valuable resource for your learning.

Law is a moral practice

What is law? And how does it relate to morality? It's common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It's a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of le- gal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guid- ed by curiosity rather than ideology, moving be- yond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

The legal tech ecosystem

"Colin Levy's book is a ground-breaking exploration of the intersection of law and tech- nology. A testament to his profound insights, this book offers an enlightening exploration of technology's transformative power in the legal industry, from automating routine tasks to pushing the boundaries of innovation. He courageously embraces adaptation, inno- vation, and technology, challenging the conventional 'This is the way it has always been done' mindset. The insights and lessons, especially the emphasis on collaboration for success and technology's potential to enhance rather than replace legal practice, are critical. His book deftly debunks myths and invites the reader to embrace change with an empathetic approach. It's not just a book, it's an essential guide for every 21st-century legal practitioner seeking to navigate the ever-evolving landscape of law practice. An unmissable read!"

A cosmopolitan jurisprudence

Sports law