"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of leg…
What is the place of Jews in medieval Christian societies? in the ninetheenth and early twentieth centuries, this question was largely confined to Jewish scholars, and the academic debates where inseparable from the upheavels of the lives of contemporary European Jews.
The jurist Sir James Fitzjames Stephen (1829–94) published this work in 1863 to provide the intelligent layman with a general account of the workings and principles of English criminal law. He begins with a brief sketch of the development of that law from the Anglo-Saxon period onwards. He then covers the current law on criminal responsibility and the classification and definition of specific…
This book is the adapted version of the Master thesis written in the summer of 2016 for the completion of the LL. M. program at MIPLC. The thesis is the result of my lasting interest in public international law and intellectual property law. Since its completion in September, 2016, the work has undergone some changes, primarily due to the developments in the case law it touches upon.
The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscienti…
This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to effort…
Three types of strategies have been common for court reform programmes: the ‘holistic’, the ‘tactical’, and the ‘strategic’ approach. This Research and Policy Note discusses strategic court reform and its underlying ideas. Its main intention is to alert those involved in judicial reform to some of the pitfalls and choices connected to particular types of interventions. The concludin…
The thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely, the Olanzapine and Escitalopram decisions. This thesis provides an overview on the technology and patenting practice, followed by the discussion of jurisprudence on the patentability requirements for selection inventions in major jurisdiction…
Do patents rules prevent countries from acquiring affordable medicines? A number of legal experts and governments have felt that the WTO, in particular the TRIPS Agreement, forces countries to favour patents over public health. The WTO sought to settle this dispute by concluding the Public Health Declaration. This book closely analyses the legal situation within the WTO prior to the Declaration…
Dating back to the early discussions regarding the concept of data protection, the so-called “principle of purpose limitation” is one of the fundamental principles of data protection law.¹ The principle essentially requires that personal data may only be processed for the original purpose of collection of the data,² or in the words of the OECD Privacy Guidelines, at least, so long as it i…