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The new lawyer : how settlement is transforming the practice of law
This provocative, intelligent work looks at the evolving role of lawyers, articulating legal and ethical complexities, the growth of conflict resolution, and the increasing impact of alternative strategies on the lawyer-client relationship and the legal system.
eBook
Order without law: how neighbors settle disputes
In Order without Law Robert C. Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules-social norms-that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law. The springboard for Ellickson's theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In \"The Problem of Social Cost\" --the most frequently cited article on law--economist Ronald H. Cease depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioral assumptions that underlie Coase's vision, and will add realism to future efforts to apply economic analysis to law. Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.
eBook
Order without law : how neighbors settle disputes
Ellickson demonstrates that people largely govern themselves by means of informal rules--social norms--that develop without a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world where order is successfully achieved without law.
eBook
The Rationale of Publicity in the Law of Corporeal Movables and Claims
In modern society, movables have become an important part of one's wealth.The transactions concerning movables have noticeably become ever more complicated, implying that the legal relationships of personal property are considerably intricate.
eBook
Human Rights in International Investment Law and Arbitration
The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural ‘principles of justice’ to international investment law. Part I summarizes the main conclusions of the twenty-four book chapters and places them into the broader context of ‘principles of justice’, ‘global administrative law’, and of ‘multilevel constitutionalism’ that may be relevant for judicial ‘administration of justice’ in international economic law and investor-state arbitration. Part II includes contributions clarifying the ‘constitutional dimensions’ of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for ‘principle-oriented ordering’ and ‘normative congruence’ of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts. Part IV includes twelve case studies on potential human rights dimensions of specific ‘protection standards’, applicable law, procedural law issues, and specific fundamental rights. These case-studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation, and ‘balancing’ of ‘primary rules’ in the light of ‘principles of justice’, as defined by national and international law.
eBook