Libri: "Legal definition"

1

The definition of convention refugee. Markham, Ont: Butterworths, 2001.

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2

Toward a definition of antisemitism. Berkeley: University of California Press, 1990.

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3

Cantor, David James, e Bruce Burson. Human rights and the refugee definition: Comparative legal practice and theory. Leiden: Brill Nijhoff, 2016.

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4

Broadening the edges: Refugee definition and international protection revisited. The Hague: Martinus Nijhoff Publishers, 1997.

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5

Gesellschaftsrechtliche Insider nach [Paragraph] 138 Abs. 2 InsO: Einordnung, Definition, Anwendung. Frankfurt am Main: P. Lang, 2002.

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6

Definition and rule in legal theory: A reassessment of H.L.A. Hart and the positivist tradition. Oxford: Basil Blackwell, 1987.

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7

Moles, Robert N. Definition and rule in legal theory: A critique of H.L.A. Hart and the positivist tradition. Oxford, UK: B. Blackwell, 1987.

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8

Mukhopadhyay, Anindita. Behind the mask: The cultural definition of the legal subject in colonial Bengal, 1775-1911. New Delhi: Oxford University Press, 2006.

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9

Backhouse, Constance. Race definition rum amuck: Slaying the dragon of Eskimo status in re Eskimos 1939. Toronto: Faculty of Law, University of Toronto, 1999.

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10

Wirsching, Uwe. Der Begriff der Pflegebedürftigkeit in Abgrenzung zum krankenversicherungsrechtlichen Krankheitsbegriff: Vorschlag einer einheitlichen Definition des Versicherungsfalles oder gesetzlichen Tatbestandsmerkmales. [S.l: s.n., 1991.

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11

Schekahn, Birthe. Tatsächliche Unterhaltsleistungen faktischer Lebensgefährten im Todesfall: Ein Vorschlag für eine Reform des [Paragraphen] 844 Abs. 2 BGB und zugleich eine Definition der faktischen Lebensgemeinschaft. Frankfurt am Main: PL Academic Research, 2013.

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12

Maksurov, Aleksey. Coordination of the activities of legal entities in a crisis. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1836239.

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The monograph is devoted to the search for ways to improve the efficiency of public administration in crisis situations. The interrelation of the crisis situation with the problems of legal uncertainty and legally significant risks is traced. The article considers the substantive characteristics of the crisis as a social phenomenon, the causes and types of crisis situations, the problems of their legal definition, as well as the impact of the crisis on changes in the activities of public authorities and local self-government. A universal means of coordinating the activities of authorities and their officials in a crisis period is proposed - a mechanism of legal coordination. The analysis of the main shortcomings of the work of public authorities in a crisis, including in the situation of a pandemic of coronavirus infection, is made. The issues of the legality of restricting the constitutional rights of citizens in a crisis, the introduction of special legal regimes providing for other than usual ways, forms and limits of citizens' realization of their subjective rights are studied. Developed full-fledged detailed recommendations for improving law-making (proposed drafts of the necessary regulatory legal acts), the practice of interpretation and systematization of law, law enforcement, as well as control (supervisory) legal practice. For a wide range of readers interested in public administration issues in crisis situations. It can be useful for students, postgraduates and teachers of law schools.

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13

Lim, Chin Leng. The problem of the definition of the self in self-determination in public international law: Towards a human rights test in law from a legal-conceptual perspective. Nottingham: University of Nottingham, Department of Law, 1993.

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14

L, Bansal B. Capital's legal dictionary: Covering legal words, phrases, definitions & Latin maxims. Delhi: Capital Law House, 2012.

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15

Bricker, Lew R. C., Tanya N. Petermann, Margaret Hines e Jocelyn Sands. The Legal Definitions of â€œFirst Responderâ€. Washington, D.C.: Transportation Research Board, 2013. http://dx.doi.org/10.17226/22451.

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16

Ul'yanina, Ol'ga, Olga Gavrilova e Olga Timur. Protection of orphans and children left without parental care from violence and abuse: legal grounds and psychological assistance. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02085-2.

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The paper deals with the problem of abuse and violence against minors, among which the authors distinguish a special category: orphans and children left without parental care. Approaches to the definition and forms of violence and ill-treatment of minors are described. The psychological causes and consequences of violence and ill-treatment are analyzed. Technologies for providing psychological assistance to child victims of violence and abuse are offered. A significant part of the work is devoted to the consideration of the features of interdepartmental interaction on prevention and timely detection of signs and consequences of abuse and violence against children. The result of such an analysis was the development of a model regulation describing the procedural and legal issues of coordinating such interaction between specialists from different departments in order to protect the interests of minors. The work is addressed to psychologists, teachers, specialists of organizations for children.

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17

Melander, Göran. The two refugee definitions. Lund: Raoul Wallenberg Institute, University of Lund, 1987.

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18

Definitions and legal provisions on child labour in southern Africa. [Geneva, Switzerland]: International Labour Organisation, 1998.

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19

Bellows, Michael. Cuba information manual: The definitive guide to legal and illegal travel to Cuba. Key West, FL: Kettle Pub., 2009.

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20

Cuba information manual: The definitive guide to legal and illegal travel to Cuba. Key West, FL: Kettle Pub., 2009.

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21

Pritchard, John. The legal 500: The definitive guide to law firms and barristers chambers in Britain. 3^a ed. London: Legalease, 1989.

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22

Pope, Benjamin W. Legal definitions: A collection of words and phrases as applied and defined by the courts, lexicographers and authors of books on legal subjects. Clark, New Jersey: The Lawbook Exchange, Ltd., 2012.

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23

Keller, David King. Building rainmakers: The definitive guide to business development for lawyers. Chicago: American Bar Association, 2016.

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24

Dahl, Henry S. Dahl's law dictionary: Spanish-English/English-Spanish : an annotated legal dictionary, including authoritative definitions from codes, case law, statutes, and legal writing and legal opinions of attorneys general = Diccionario jurídico Dahl. 3^a ed. Buffalo, N.Y: W.S. Hein, 1999.

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25

Jeutner, Valentin. The Definition of a Legal Dilemma. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808374.003.0002.

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The first part answers the book’s first question: ‘What is a Legal Dilemma?’ It frames the book’s analysis by offering a stipulative definition of the term legal dilemma and its constitutive components as a term of art. Once defined, the term will then be distinguished from numerous related concepts (Section A), such as legal gaps, disagreements, or paradoxes. The first part also considers various circumstances, including international law’s non-hierarchical nature and fragmentation, which increase the potential frequency with which dilemmas may arise (Section B). Finally, this part introduces a distinction between dilemmas responding to epistemic undecidability and to metaphysical undecidability (Section C).

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26

MacQueen, Hector L. The Scrolls and the Legal Definition of Authorship. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199207237.003.0031.

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27

Roger, Mccormick, e Stears Chris. Part VII Characteristics of Legal Risk, 23 Definition. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0024.

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This chapter first reviews the changing perceptions of ‘legal risk’ over the years. It then considers a school of thought that holds that a definition of legal risk is not necessary. It examines the relevance of the definition of legal risk in the allocation of responsibility and effective risk management, impact on policy, responsibility for corporate misbehaviour, advantages of a ‘norm’, and the need for flexibility. Next, it sets out the International Bar Association’s definition of legal risk. The final section deals with the issues raised the employee who ‘goes off the rails’, or the ‘rogue trader’.

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28

Camper, Martin. Definition. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190677121.003.0003.

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Chapter 3 explores the interpretive stasis of definition, where there is a question concerning the intended or appropriate scope of the basic sense of a term in a text. The chapter shows how rhetors, by persuasively articulating a definition and resorting to various lines of argument, can shift the meaning of passages and reframe controversies hinging on a text’s interpretation by adjusting the scope of a single term. But only linchpin terms (similar to Burke’s and Weaver’s ultimate terms) have this governing quality. The chapter’s central example consists of oral arguments from the 2010 Supreme Court case McDonald v. City of Chicago that ultimately determined US citizens have a fundamental right to bear arms. The case partly rested on whether the Fourteenth Amendment’s phrase privileges or immunities, generally protected from state infringement, includes this right within its scope. The centrality of definitional disputes to legal interpretation is also considered.

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29

Langmuir, Gavin I. Toward a Definition of Antisemitism. University of California Press, 1996.

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30

Toward a Definition of Antisemitism. University of California Press, 1996.

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31

Behind the Mask: The Cultural Definition of the Legal Subject in Colonial Bengal. Oxford University Press, 2012.

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32

Roger, Mccormick, e Stears Chris. Part VII Characteristics of Legal Risk, 25 Causation. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0026.

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This chapter first considers the relationship between the sources of legal risk considered in Chapter 24 and the causes of loss attributable to legal risk identified in the International Bar Association definition. Whereas the sources describe the social circumstances that cause legal risk to arise, the definition is concerned with how an institution, when faced with a legal risk-originated problem, should answer the question: how did this happen (or how can we prevent this happening)? Consideration of the sources helps us to understand why legal risks arise in the broader social context but it is the definition that provides the pointer to the more immediate causes of risk and loss in any specific context. The remainder of the chapter turns to relevant case law.

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33

Chartrand, Paul L. A. H., 1943- e Congress of Aboriginal Peoples, a cura di. Who are Canada's aboriginal peoples?: Recognition, definition and jurisdiction. Saskatoon: Purich Pub., 2002.

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34

Adams, Carla D. A feminist critique of the convention refugee definition. 1995.

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35

Behind The Mask: The Cultural Definition of the Legal Subject in Colonial Bengal (1715-1911). Oxford University Press, USA, 2006.

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36

Başoğlu, Metin. Definition of Torture in US Law. A cura di Metin Başoğlu. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374625.003.0013.

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In the light of the US Senate Intelligence Committee Report on the Central Intelligence Agency’s detention and interrogation program confirming the use of “enhanced interrogation techniques” to induce “learned helplessness” in detainees, this chapter reviews the scientific basis for the US definition of torture and its interpretation in the “Torture Memos.” These memoranda clearly indicate that “enhanced interrogation techniques” are designed for use in combination with specific intent to induce learned helplessness. Abundant research evidence shows that learned helplessness is mental harm that is severe enough to qualify as torture even by US standards. Although the US definition of torture seems to create potential loopholes for impunity, it suffers from certain logical inconsistencies, scientifically unfounded assumptions, and perhaps even “loopholes” that may well render legal cover for use of “enhanced interrogation techniques” difficult, if not impossible—at least not possible in a way that can be justified by logical reasoning or scientific evidence.

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37

Roger, Mccormick, e Stears Chris. Part VII Characteristics of Legal Risk, 24 Sources of Legal Risk. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0025.

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This chapter considers the various sources of legal risk. Understanding the sources of legal risk is at least as important as understanding the component parts of a detailed definition. Only in this way can we understand why legal risks arise in the first place. Developing such an understanding is crucial to designing systems and procedures intended to manage the risks. The sources of legal risk include the behaviour of financial institutions (i.e. limited legal awareness, failure to implement legal advice, exploiting the letter of the law, and outsourcing), the nature of financial markets (i.e. financial innovation, new market sectors and convergence, and cross-border business), problems with the law (i.e. bad law, policy concerns, inaccessible law, and unpredictable judicial reasoning), and the interaction of law and finance (i.e. hard and soft law, interaction of soft law and consumerism, and globalization).

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38

Wacks, Raymond. 3. A legal right. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780198725947.003.0003.

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Privacy is acknowledged as an essential human right, recognized by a number of international declarations, among which the European Convention on Human Rights and the International Covenant on Civil and Political Rights are the most significant. Interpreting these provisions, the European Court of Human Rights provides important guidance in respect of the attempt to balance privacy against competing rights and interests, and this is briefly discussed. Leading decisions of the courts of various jurisdictions illustrate the problems of definition and the attempt to balance privacy against other competing rights. Cases before the US Supreme Court have generated an enormous, divisive debate concerning, in particular, the subject of abortion, which the Court has conceived to be an element of the right to privacy. A discussion of the celebrated US Supreme Court judgement in Roe v Wade is fundamental to an analysis of the meaning and limits of individual privacy.

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39

Bernat, James L. Brain death and the definition of death. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198786832.003.0018.

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The idea that a person is dead when brain functions have ceased irreversibly is one of the oldest and most enduring debates in neuroethics. This chapter traces the history of brain death by explaining the technological, medical, and societal factors stimulating its origin and acceptance; discusses its medical, legal, religious, and social recognition; highlights a few of its controversies; examines a recent commission report; and discusses two highly publicized cases that have reignited debates. Next, it provides the conceptual basis for brain death by analyzing the definition and criterion of death and offers an analytic framework for a biophilosophical account of death that justifies the practice of brain death, pinpoints the areas of contention, and compares competing concepts of death. It concludes with thoughts about brain death as a contemporary neuroethical issue, and predicts the future landscape of the debate over brain death and the definition of death.

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40

Grant, Jon E., e Brian L. Odlaug. Legal Aspects of Impulse Control Disorders. A cura di Jon E. Grant e Marc N. Potenza. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780195389715.013.0146.

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Impulse control disorders present unique legal issues for the criminal justice system.These behaviors require that the courts differentiate an uncontrolled act from an uncontrollable act. Kleptomania is by definition a disorder linked to illegal behaviors, whereas pathological gambling and compulsive sexual behavior are two impulse control disorders that are often associated with illegal activities for some individuals. Can and should a psychiatric disorder be used as a defense for criminal responsibility? This chapter will discuss the legal aspects of certain impulse control disorders and how courts have struggled to understand these complex behaviors from the criminal justice perspective.

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41

Boucher, David. Hobbes among the Legal Positivists. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817215.003.0006.

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This chapter contends that Hobbes was a prominent interlocutor in debates on the source of obligation in the common law, and while customary international law was not capable of attracting sovereign authority, it did not mean that there could be no moral constraints in the relations among states. While justice and injustice are the creation of the sovereign, he narrowly confined those terms to the honouring of contracts. The content of the law does not determine our obligation to obey it, nor our judgement about justice and injustice; it is whether we have broken faith with a covenant that determines injustices. Natural law has intrinsic to it moral concepts which differ from those of justice and injustice, namely equity and reason. Whereas the definition of law is that it is applicable to those formerly obliged, the justification of particular laws has to be with reference to the common good.

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42

Başoğlu, Metin, a cura di. Torture and Its Definition In International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374625.001.0001.

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This book presents an interdisciplinary approach to the definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It brings together behavioral science and international law perspectives on torture in an effort to promote a sound theory- and empirical evidence-based legal understanding of torture. The book consists of four parts. The behavioral science perspective in Part I includes a learning theory formulation of torture, which points to “helplessness under the control of others” as a defining element of torture. This formulation entails a contextual/cumulative approach in assessment of “pain or suffering” induced by ill-treatments and a “risk-based” approach in assessment of individual cases to avoid the problem of circularity in a case-by-case approach. Also reviewed are the definitional implications of this formulation for ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Part II consists of four chapters that present international law perspectives on the definition of torture and highlight the increasingly broader coverage of ill-treatments in contexts beyond official custody. Part III consists of chapters that provide an account of the US experience with torture in the aftermath of 9/11 and discuss definitional issues around “enhanced interrogation techniques.” Part IV consists of a concluding chapter (by the editor) that addresses the comments by international law scholars on the behavioral science perspective on torture and reviews the points of agreement and disagreement between behavioral science and international law perspectives.

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43

Lewis, David M. Ownership and the Articulation of Slave Status in Greek and Near Eastern Legal Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198769941.003.0002.

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This chapter reviews the various approaches scholars have taken to defining slavery in a global perspective. It proceeds to set out a legal methodology for understanding slave status in comparative perspective. It engages with several critiques of this approach, showing how they are misplaced and reaffirming the importance of legal ownership to the definition of slavery. Two case studies are provided to give empirical confirmation of this theoretical approach, showing how this legal methodology aligns with slaving practices in Athens and Babylonia. It finishes with some general remarks on the importance of observing sociolegal practices empirically rather than beginning and ending with abstract definitions and formal statutes.

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44

Rie, Michael A. Medico-legal liability in critical care. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0027.

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The Oxford Textbook of Critical Care is an English language international text that recognizes the English Common Law as the foundation of contemporary judicial precedents governing obligations and responsibilities within the patient–doctor relationship. Although medical ethics and their recognition are generally known, Common Law interpretation of resource consumption and entitlement limits to critical care services has varied widely. Case examples of enduring professional negligence are offered. While legal systems may have differing origins, the imbalance between resource allocation and lawful definition of entitlement limitations requires further clarity within the law. Preserving professional integrity requires active public education and professional group dialogue with governments and the courts. Such patient advocacy will both preserve the rule of law and patient trust in all critical care professionals.

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45

David, Scorey, Geddes Richard e Harris Chris. Part II The Bermuda Form in Detail, 7 Occurrence Definition. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0007.

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This chapter discusses the Bermuda Form occurrence definition. The occurrence definition has historically served a dual function. It describes the nature of the event or circumstance subject to coverage in general. It also determines and conclusively establishes the link between (1) the injury or damage from which the legal liability alleged against the insured arises, and (2) the specific policy and policy period that may respond and provide an indemnity to an insured in respect of its liability for that claim. In the Bermuda Forms, the occurrence definition is an amalgam or hybrid creature, combining principles of different approaches to describing the nature of the events or circumstances generally contemplated to be within the scope of coverage, and also because it addresses other subjects not traditionally addressed in such definitions.

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46

Jeutner, Valentin. The Possibility of a Legal Dilemma. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808374.003.0003.

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The second part validates the stipulative definition of Part I by identifying those norm conflicts which contemporary international law cannot satisfactorily resolve. In doing so, this part answers the second research question—whether legal dilemmas could exist in international law—in the affirmative and demarcates the doctrinal space that legal dilemmas occupy. The argument develops in three sections. The first section identifies the inherent limitations of norm conflict resolution devices. Norm conflict resolution devices deal with a norm conflict by establishing a hierarchy or a compromise between norms. They thereby identify a course of action that avoids impairing either norm unduly. The second section considers the limitation of norm conflict accommodation devices. The third section explains why measures of last resort do not preclude the possibility of the existence of legal dilemmas.

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47

Heinze, Eric. Toward a Legal Concept of Hatred. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190465544.003.0006.

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Antidiscrimination law focuses on material conduct. A legal concept of hatred, by contrast, focuses on attitudes, as manifest notably through hate speech bans. Democracies by definition assign higher-law status to expression within public discourse. Such expression can, in principle, be legally curtailed only through a showing that it would likely cause some legally cognizable harm. Defenders of bans, struggling with standard empirical claims, have overtly or tacitly applied “anti-Cartesian” phenomenological and sociolinguistic theories to challenge dominant norms that largely limit such harm to demonstrable material causation. Such notions of harm cannot, however, be reconciled with higher-law norms barring viewpoint-selective penalties on expression. Still, a democracy retains alternative means of combating hateful attitudes, including formal and public educational policy, and codes of professional practice in the public and private sectors.

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McCammon, Holly J., e Brittany N. Hearne. U.S. Women’s Legal Activism in the Judicial Arena. A cura di Holly J. McCammon, Verta Taylor, Jo Reger e Rachel L. Einwohner. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190204204.013.25.

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Women’s activism in the judicial arena has a long history. This chapter reviews the scholarly literature to provide core insights into women’s struggles and their legal successes in the courts. It begins with a broad definition of women’s legal activism and describes barriers that historically prevented women from fully participating in the courts. Women’s legal activism has played a significant role in removing these barriers. The chapter also discusses key events in feminist law, including the Roe v. Wade decision, congressional passage of the 1963 Equal Pay and 1964 Civil Rights Acts, and the 1971 Reed v. Reed decision. These legal developments erected important legal platforms for pursuing further rights and equality for women, for instance, in the areas of sexual harassment and pregnancy discrimination. In recent years, women have continued their legal efforts to expand the reach of the Fourteenth Amendment and Title VII and to protect reproductive rights.

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49

(Foreword), Larry King, Brian Williams (Narrator) e Sh Engemann (Narrator), a cura di. Beyond a Reasonable Doubt: Letters and Essays from the Famous and Infamous on the True Legal Definition of Guilt in America's Courtrooms. Phoenix Audio, 2007.

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50

Pila, Justine. Definitions and Intellectual Property Subject Matter. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199688616.003.0001.

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This chapter considers the relative absence of scholarly attention to the meaning of the terms used to denote the subject matter that IP rights protect and the nature of those subject matter themselves. It then outlines the aims and methods of the definitional task undertaken in later chapters, and the stages in which that task proceeds. Using the distinction drawn by Richard Robinson, it proposes a nominal word:thing definitional exercise, rather than a word:word exercise, that considers recent use of the terms to be defined by European and UK legal officials. Drawing on the stipulative nature of authoritative legal definition, it also proposes an explicative aspect to the definitional exercise, focused on clarifying legal officials’ understandings of the relevant terms in the light of the relevant legal and policy context. And finally, it summarizes the conclusions reached at each stage of the definitional exercise undertaken in later chapters.

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Libri sul tema "Legal definition"

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