The Experts below are selected from a list of 18 Experts worldwide ranked by ideXlab platform
Robert Mccorquodale - One of the best experts on this subject based on the ideXlab platform.
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Pluralism, Global Law and Human Rights: Strengthening Corporate Accountability for Human Rights Violations
Social Science Research Network, 2013Co-Authors: Robert MccorquodaleAbstract:Though a Rothschild you may be, in your own capacity,As a Company you’ve come to utter sorrow,But the liquidators say, ‘Never mind – you needn’t pay’,So you start another Company Tomorrow!Corporations as Legal entities were created by states mainly to assist individuals to combine capital and to be protected from personal liability. The Legal institution of a corporation, whose existence and operation is entirely enabled by law, is found in every Major Legal System. Yet their specific form and Legal responsibilities are defined by each state under that state’s national law, leading to considerable diversity worldwide. An area of increased Legal activity in relation to corporations has been with regard to their responsibility for human rights abuses. In particular, there have been a number of attempts to move towards binding international Legal obligations on corporations for their activities that impact on human rights.
Suman Acharya - One of the best experts on this subject based on the ideXlab platform.
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Comparison of Major Legal Families; a Reference of Nepal
SSRN Electronic Journal, 2019Co-Authors: Suman AcharyaAbstract:Major Legal System i.e. common Legal System, civil Legal System, socialist Legal System, Islamic Legal System and Hindu Legal System are dominant across the globe to maintain law and justice. Initially all these Legal Systems had separate identity. But, these Legal Systems are operated in hybrid form sustaining their previous legacy to the large extent in contemporary time. Common Legal System accepts precedent as a primary source of law whereas civil Legal System doesn’t recognize it. As a philosophical thought, Islamic and Hindu religions are based on their religious scriptures and practices. Nowadays religious philosophies are amalgam either with common law or civil law or socialist Legal System. Because of the globalization, it is expected that the Legal System of the world is going toward homogeneity rather than heterogeneity. Uniformity is expected out of heterogeneity concept of world Legal System. International law and multilateral agencies supported to unify the world Legal System. There is the unification and harmonization process of the world Legal System. In a long run, the world communities are going to follow similar principles but the sanction provision may vary from country to country in upcoming era of Legal regime. Legal System is necessary to follow by the application of consensus approach. Better practices can be adopted and received or interchanged from all kinds of Legal System for the betterment of own Legal System.
Sally E. Hadden - One of the best experts on this subject based on the ideXlab platform.
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The Fragmented Laws of Slavery in the Colonial and Revolutionary Eras
The Cambridge History of Law in America, 2008Co-Authors: Sally E. HaddenAbstract:The striking fact about slavery in the sixteenth, seventeenth, and eighteenth centuries was its universality. Enslaving humans was Legal throughout the western hemisphere in the early modern period, sanctioned by every Major Legal System in operation there. The right to hold another person in bondage depended precisely on Legal definitions of who could be enslaved within a given civilization – the English, Spanish, French, Dutch, Portuguese, and Native Americans differed on this and other specific slave laws – but if one could enslave another, the economic advantages to be gained were great, and the status of the slaveholder generally rose or fell in proportion to the fluctuating number of bondsmen he owned. In each New World colony or nation, however, the elevation of the slaveholder depended on the diminution of the slave. Slave law granted slave owners virtually unlimited power over the enslaved, but those laws simultaneously diminished the personhood of the enslaved, as if the bondsman had in some degree endured, in the words of sociologist Orlando Patterson, “social death.” Two groups of people suffered this social death in disproportionate numbers: Native Americans and Africans. Native Americans enslaved Native Americans, Africans enslaved Africans, and Europeans took advantage of the extant trade on both continents, buying unfree persons in ever increasing numbers until the nineteenth century. Assessments of the magnitude of slavery among Native Americans remain approximate; however, historians suspect that in the southeastern part of North America during the seventeenth and eighteenth centuries, some 50,000 aboriginal captives ultimately ended up in the hands of European slave traders.
Nigel Stobbs - One of the best experts on this subject based on the ideXlab platform.
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Therapeutic jurisprudence in international and comparative perspective
Oxford Research Encyclopedia of Criminology and Criminal Justice, 2020Co-Authors: Nigel StobbsAbstract:Therapeutic jurisprudence (TJ) is a multidisciplinary approach to assessing the impact of the law itself on the emotional and psychological experiences of all those who have contact with the Legal System. Variously described as a theory, a method, a lens, or a process of analysis, its distinguishing feature is to conceive of the law as a “therapeutic agent.” That agency can cause both therapeutic and antitherapeutic consequences. By investigating and assessing the social, professional, and political contexts in which laws are made and applied, TJ seeks to identify how unintentional harms are caused and suggests ways to remedy them. It also identifies opportunities to enhance psychological strengths and positive emotional experiences to improve Legal outcomes. It has commonalities with positive criminology, restorative justice, procedural justice, and other less adversarial approaches within the criminal justice System. Since being founded by David Wexler and Bruce Winick in the 1980s as a project to improve the experiences of those subjected to mental disability law in the United States, the theory and methodology of TJ has evolved, and its influence has expanded to virtually every Major Legal System and jurisdiction. TJ was at the core of the operating philosophy of the problem-solving court movement, which now operates across nine countries. It is increasingly influential in new approaches to probation and offender treatment models in the United States, Europe, Australia, and New Zealand, and in influencing access to justice policies in India and Pakistan. It offers some common conceptual principles for the development of First Nations courts, tribunals, and dispute resolution programs seeking to eradicate Systemic, monocultural bias in postcolonial criminal justice Systems which tend to lead to intractable, carceral overrepresentation. TJ is currently undergoing a process of “mainstreaming” across disciplines and internationally. This involves encouraging lawyers and other criminal justice workers outside specialist court and diversion jurisdictions to adopt therapeutic outlooks and practices. So far there have been projects to mainstream TJ principles in police interviewing, risk assessment, diversion, criminal settlement conferences, bail, sentencing, conditional release from custody, and appeals. The sorts of reforms, innovations, and changes in mindsets suggested by TJ work has also sparked resistance and criticism. The latter ranges from constructive concerns about conceptual vagueness, risks of paternalism, and coercion to absolute ideological opposition on the grounds that TJ allegedly advocates for the complete abandonment of the adversarial System and strongarms defendants into surrendering their constitutional and due process rights.
Li Hua - One of the best experts on this subject based on the ideXlab platform.
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A probe into Unnamed Principle
2001Co-Authors: Li HuaAbstract:There are no any provisions of dormant agent for a long time in China.The establishment of market economy and the requirements of colorful lives need to establish the System of dormant agent.Combined with relative provisions of two Major Legal System of the world,the thesis researches the basic theory of dormant agent System on the basis of the contract law.
