Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
This Element aims to build, promote, and consolidate a new social science research agenda by defining and exploring the concepts of turbulence and robustness, and subsequently demonstrating the need for robust governance in turbulent times. Turbulence refers to the unpredictable dynamics that public governance is currently facing in the wake of the financial crisis, the refugee crisis, the COVID-19 pandemic, the inflation crisis etc. The heightened societal turbulence calls for robust governance aiming to maintain core functions, goals and values by means of flexibly adapting and proactively innovating the modus operandi of the public sector. This Element identifies a broad repertoire of robustness strategies that public governors may use and combine to respond robustly to turbulence. This title is also available as Open Access on Cambridge Core.
“A highly ambitious and provocative survey of the cultural history of science and industry” from the seventeenth to the nineteenth centuries (Journal of Modern History). In 1687, the publication of Isaac Newton’s Principia Mathematica sparked a profound transformation in the world. From that event in the late-seventeenth century to the Crystal Palace Exhibition of 1851, science gradually moved to the center Western thought and economic development. In Practical Matter, Margaret Jacob and Larry Stewart chronicle this dramatic, epochal shift. Despite powerful opposition on the Continent, a Newtonian understanding gained broad-based acceptance and practical application. By the mid-eighteenth century, the race was on to apply Newtonian mechanics to industry and manufacturing. The ascendancy of the new science culminated in the creating of the Crystal Palace Exhibition, London’s temple to scientific and technological progress. With fascinating insight into the changing culture of industry and higher learning, Jacob and Stewart show that there was nothing inevitable about the Scientific Revolution. “It is easy to forget that science might have been stillborn, or remained the esoteric knowledge of court elites. Instead, for better and for worse, science became a centerpiece of Western culture.”
Babbitt, Charles J. Hand-List of Legislative Sessions and Session Laws Statutory Revisions, Compilations, Codes, Etc., and Constitutional Conventions of the United States and its Possessions and of the Several States to May, 1912. [Boston]: The Trustees of the State Library of Massachusetts, [1912]. 634 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002041289. ISBN 1-58477-293-X. Cloth. $125. * A hand-list of statute law defining the location of the text of every legislative session that has occurred in the United States and its possessions to 1912, including every volume containing session laws or revisions and compilations of laws. Compiled for the State Library of Massachusetts by Charles J. Babbitt under the direction of Charles F.D. Belden, the State Librarian at the time of the compilation. The historical and bibliographic details provided include a synopsis of the political situation that warranted the statute when applicable, as well as format and collation of the noted volume.
Studies the unique achievements of Chabrol’s last fourteen years of filmmaking, during which he made nine remarkable films which combine a formally complex and highly self-conscious style with a thematic focus on the opacity of the relationship between human thought and action.
This innovative book challenges many of the widely held assumptions about the place of religion in Victorian society and in London, the world's first great industrial and commercial metropolis. Against the background of Victorian London it explores the religiosity of Londoners as expressed through the dynamic renewal of traditional faith communities, including Judaism and the historic churches, as well as fresh expressions of religion, including the Salvation Army, Mormons, spiritualism, and the occult. It shows how laypeople, especially the rich and women were mobilised in the service of their faith, and their fellow citizens. Drawing on research in social, economic, oral, cultural, and women's history Jacob argues that religious motivations lay behind concerns that subsequently preoccupied people in the twentieth and twenty-first centuries. These include the changing place of women in society, an active concern for social justice, the sexual exploitation of women and children, and provision of education for all classes and all ages. By examining religion broadly, in its social and cultural context and looking beyond conventional approaches to religious history, Religious Vitality in Victorian London illustrates the dynamic significance of religion in society influencing even the expression of secularism.
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