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Futureproofing the Common Law

Author: Nicole Rogers

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9781032485423

"This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary scaled challenges of the Anthropocene. The book's contributors - from Australia, Asia, Europe and the United Kingdom - take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of post-colonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgments projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book's contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future world building; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, moreover - and of necessity - speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene"--

The Anthropocene Judgments Project

Author: Nicole Rogers

Publisher: Taylor & Francis

Published: 2023-12-01

Total Pages: 242

ISBN-13: 1003813143

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This book is a collection of speculative judgments that, along with accompanying commentaries, pursue a novel enquiry into how judges might respond to the formidable and planetary-scaled challenges of the Anthropocene. The book’s contributors –from Australia, Asia, Europe, and the United Kingdom –take up a range of issues: including multispecies justice, the challenges of intergenerational justice, dimensions of postcolonial justice, the potential contribution of AI platforms to the judgment process, and the future of judging and law in and beyond the Anthropocene. The project takes its inspiration from existing critical judgment projects. It is, however, thoroughly interdisciplinary. In anticipating future scenarios, and designing or adapting legal principles to respond to them, the book’s contributors have been assisted by climate scientists with expertise in future modelling; they have benefitted from the experience of fiction writers in future worldbuilding; and they have incorporated elements of the future worlds depicted in various texts of speculative fiction and artworks. The judgments are, of necessity, speculative and hypothetical in their subject matter. Thus, taken together, they constitute a collaborative experiment in creating the inclusive and radical imaginaries of the future common law. The Anthropocene Judgments Project will appeal to critical and sociolegal academics, scholars in the environmental humanities, environmental lawyers, students, and others with interests in the pressing issues of ecology, multispecies justice, climate change, the intersection of AI platforms and the law, and the future of law in the Anthropocene.

The Law of the Future and the Future of Law

Author: Sam Muller

Publisher: Torkel Opsahl Academic EPublisher

Published: 2011-06-21

Total Pages: 744

ISBN-13: 8293081279

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The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.

Forum Non Conveniens

Author: Ronald A. Brand

Publisher: Oxford University Press

Published: 2007-07-27

Total Pages: 359

ISBN-13: 0199745080

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With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

The Future of Law and eTechnologies

Author: Tanel Kerikmäe

Publisher: Springer

Published: 2016-02-22

Total Pages: 233

ISBN-13: 3319268961

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This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.

The Future of Law

Author: Richard E. Susskind

Publisher:

Published: 1996

Total Pages:

ISBN-13: 9780198260073

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The Nature of the Common Law

Author: Melvin Aron Eisenberg

Publisher: Harvard University Press

Published: 1991-10-01

Total Pages: 220

ISBN-13: 0674263251

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Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

Future-proofing—Valuing Adaptability, Flexibility, Convertibility and Options

Author: David G. Carmichael

Publisher: Springer Nature

Published: 2019-11-27

Total Pages: 180

ISBN-13: 9811507236

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This book presents a unifying approach to the valuation of incorporated flexibility. Flexibility, in general terms, recognizes future uncertainty and refers to being proactive now so as to secure the future possibility of being able to adapt, convert, or generally introduce a change, if it is worthwhile to do so at the time. That is, deliberate provision is made now in order to have the ability (but not the obligation) to adapt, convert, or change in the future; this change is discretionary, and depends on future circumstances. The applications demonstrated here cover engineering, building, housing, finance, economics, contracts, general management, and project management. The examples are as follows: designing/building features in infrastructure (including buildings and houses) such that the infrastructure can be adapted in response to future changes in climate, demographics, or usage; incorporating features in contracts such that the terms and conditions can be changed in response to changing situations; purchasing rights now such that options exist to buy or sell an asset in the future; structuring a financial investment agreement so that its terms and conditions can be changed in the future; structuring project payments to provide future guarantees of revenue if needed; and designing an operation such that it can be expanded, contracted, abandoned, switched, changed, delayed, or deferred in the future. The level of required mathematics is kept at a very modest level: an undergraduate knowledge of algebra and probability is all that is required. Numerical examples, accompanied by readily understandable diagrams, illustrate the methods outlined. The formulations are kept straightforward and accessible for practitioners and academics alike.

Future Proofing Australia

Author: Brett Mason

Publisher: Melbourne Univ. Publishing

Published: 2013-02-01

Total Pages: 272

ISBN-13: 0522862462

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Future Proofing Australia is a selection of essays by distinguished thinkers and doers boldly confronting the future and mapping out a path for our country. The contributors understand that ideas matter. They want to see Australia identify, confront and overcome significant challenges affecting our country, so that future generations continue to enjoy our prosperity, opportunity and lifestyle that are much envied around the world. New, fresh ideas are the lifeblood of any successful society. Without these ideas, societies stagnate and then wither-unable to either face or resolve problems confronting them. Future Proofing Australia was conceived to assist that blood flow. It is designed to inform, challenge, and lift the level of public debate.