Conflicts, Confessions, and Contracts

Conflicts, Confessions, and Contracts PDF

Author: Elizabeth Hardman

Publisher: BRILL

Published: 2016-09-12

Total Pages: 272

ISBN-13: 9004329684

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Diocesan Justice in Late Fifteenth-Century Carpentras uses notarial records from the 1480s to reconstruct the procedures, caseload, and sanctions of the bishop’s court of Carpentras and compare them to other secular and ecclesiastical courts. The court provided a robust forum for debt litigation utilized by a wide variety of people. Its criminal proceedings focused on recidivist clerics who engaged in fights, disobedience, anti-Jewish activities, and sexual transgressions. Its justice varied depending on whether cases involved violence, sex, or contracts. The judge applied sanctions gingerly and protected litigants’ rights carefully, in ways we might not expect: his role was to intervene in, explore, and document conflicts, and to elicit confessions and mediate disputes. Participants exploited this narrative and archival space well.

Confessions & The Social Contract

Confessions & The Social Contract PDF

Author: Jean-Jacques Rousseau

Publisher: e-artnow

Published: 2018-05-01

Total Pages: 767

ISBN-13: 8026892992

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This carefully crafted ebook: "Confessions & The Social Contract" is formatted for your eReader with a functional and detailed table of contents. "Confessions" is an autobiographical book which covers the first fifty-three years of Rousseau's life, up to 1765. It was completed in 1769, but not published until 1782, four years after Rousseau's death, even though Rousseau did read excerpts of his manuscript publicly at various salons and other meeting places. He wrote of his own life mainly in terms of his worldly experiences and personal feelings. In "The Social Contract" Rousseau theorized about the best way to establish a political community in the face of the problems of commercial society, which he had already identified in his Discourse on Inequality (1754). The Social Contract helped inspire political reforms or revolutions in Europe, especially in France. The Social Contract argued against the idea that monarchs were divinely empowered to legislate. Rousseau asserts that only the people, who are sovereign, have that all-powerful right.

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition

Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition PDF

Author: Rosen, Velazquez

Publisher: Wolters Kluwer

Published: 2019-06-16

Total Pages: 2320

ISBN-13: 1543813240

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With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

Muslim/Arab Mediation and Conflict Resolution

Muslim/Arab Mediation and Conflict Resolution PDF

Author: Doron Pely

Publisher: Routledge

Published: 2016-02-05

Total Pages: 291

ISBN-13: 1317289358

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Inter- and intra-clan conflicts in Northern Israel pit hundreds against each other in revenge cycles that take years to resolve and impact the entire community. The Sulha is a Shari’a-based traditional conflict resolution process that works independently of formal legal systems and is widely practiced to manage such conflicts in the north of Israel, as well as throughout the Muslim and Arab worlds. The Sulha process works by effecting a gradual attitudinal transformation, from a desire for revenge to a willingness to forgive, through restoration of the victim’s clan sense of honour. Muslim/Arab Mediation and Conflict Resolution examines the process of Sulha, as practiced by the Arab population of northern Israel, where it plays a central role in the maintenance of peace among Muslims, Christians, and Druze alike. It presents detailed analysis of every stage of this at times protracted process. It uses interviews with victims, perpetrators, Sulha practitioners, community leaders and lawyers, along with statistical analysis to examine how Sulha affects people’s lives, how various sectors of society impact the practice, and how it coexists with Israel’s formal legal system. Furthermore, it examines how Sulha compares to Western dispute resolution processes. This book offers the first comprehensive exploration of the entire Sulha process, and is a valuable resource for students and scholars of Middle East studies, Islamic studies and conflict resolution.

Legal Reasoning and Political Conflict

Legal Reasoning and Political Conflict PDF

Author: Cass R. Sunstein

Publisher: Oxford University Press

Published: 2018

Total Pages: 273

ISBN-13: 0190864443

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Introduction -- Reasoning and legal reasoning -- Incompletely theorized agreements -- Analogical reasoning -- Trimming -- Understanding (and misunderstanding) the rule of law -- In defense of casuistry -- Without reasons, without rules -- Adapting rules, privately and publicly -- Interpretation -- Conclusion