The grammars of adjudication

The grammars of adjudication PDF

Author: Zouhair Ghazzal

Publisher: Presses de l’Ifpo

Published: 2013-02-13

Total Pages: 762

ISBN-13: 2351592697

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Most studies on Islamic, Arab, and Ottoman societies and civilizations are trapped into the evidentiary role of the texts that researchers have at their disposal, considerably reducing the role of text and language to a mimetic description of what happened. This book argues that an understanding of social relations primarily implies taking into consideration the textual production of society in terms of the meanings that could be ascribed to the texts themselves, and, second, that the analysis of texts, whatever their societal and institutional contexts, should look at its sources as discursive practices, in order not to reduce them to their preliminary role of bearers of factual evidence. Drawing from a large variety of Ottoman “legal” texts from nineteenth-century Beirut and Damascus, this book avoids ascribing such texts to the normative values of “Islamic law,” by documenting instead how various discursive practices concretely operate within a particular terrain. Different levels of practises therefore emerge, all of which documented by the social actors that made their existence possible.

A Critique of Adjudication [fin de Sicle]

A Critique of Adjudication [fin de Sicle] PDF

Author: Duncan Kennedy

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 436

ISBN-13: 9780674039520

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A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication PDF

Author: Cesare PR Romano

Publisher: OUP Oxford

Published: 2014-01-16

Total Pages: 1072

ISBN-13: 0191511412

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The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.

The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication PDF

Author: Cesare Romano

Publisher:

Published: 2014

Total Pages: 1074

ISBN-13: 0199660689

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This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

Forum Shopping in International Adjudication

Forum Shopping in International Adjudication PDF

Author: Luiz Eduardo Salles

Publisher: Cambridge University Press

Published: 2014-05-22

Total Pages: 371

ISBN-13: 1139952471

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Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

Computational Processing of the Portuguese Language

Computational Processing of the Portuguese Language PDF

Author: Jorge Baptista

Publisher: Springer

Published: 2014-09-26

Total Pages: 313

ISBN-13: 331909761X

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This book constitutes the refereed proceedings of the 11th International Workshop on Computational Processing of the Portuguese Language, PROPOR 2014, held in Sao Carlos, Brazil, in October 2014. The 14 full papers and 19 short papers presented in this volume were carefully reviewed and selected from 63 submissions. The papers are organized in topical sections named: speech language processing and applications; linguistic description, syntax and parsing; ontologies, semantics and lexicography; corpora and language resources and natural language processing, tools and applications.

Wittgenstein and Moral Philosophy (Routledge Revivals)

Wittgenstein and Moral Philosophy (Routledge Revivals) PDF

Author: Paul Johnston

Publisher: Routledge

Published: 2014-04-08

Total Pages: 257

ISBN-13: 1317678745

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Wittgenstein’s philosophical achievement lies in the development of a new philosophical method rather than in the elaboration of a particular philosophical system. Dr Paul Johnston applies this innovative method to the central problems of moral philosophy: whether there can be ‘truth’ in ethics, or what the meaning of objectivity might mean in the context of moral deliberation. Wittgenstein and Moral Philosophy, first published in 1989, represents the first serious and rigorous attempt to apply Wittgenstein’s method to ethics. The conclusions arrived at differ radically from those dominating contemporary ethical discussion, revealing an immense discrepancy between the ethical concepts employed in everyday moral decision-making and the way in which these are discussed by philosophers. Dr Johnston examines ways of eliminating this discrepancy in order to gain a clearer picture of the proper nature of moral claims, and at the same time provides new insights into Wittgenstein’s conception of philosophy.