域外法韵｜中欧阅览室新书推荐第一期

作者：Bruce W. Frier

出版社：Oxford University Press

ISBN：9780197573228

简介：

A Casebook on the Roman Law of Contracts introduces students to the rich and influential body of Roman law concerning contracts between private individuals.

作者：Felix Dasser

出版社：Brill Nijhoff

ISBN：9789004462892

简介：

This book presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognized in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

作者：Pierre Schlag, Amy J. Griffin

出版社：University of Chicago Press

ISBN：9780226726106

简介：

Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the "New Doctrinalists," Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on.  The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

作者：Russell Burris, Robert E. Keeton, Carolyn P. Landis, and Roger Park

出版社：Routledge

ISBN：9780367304966

简介：

This collection of essays presents an authoritative and penetrating comment on the use of the computer in teaching law.

作者：Jean-Michel Marcoux

出版社：Routledge

ISBN：9780367586843

简介：

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

作者：Dilyara Nigmatullina

出版社：Routledge

ISBN：9780367589110

简介：

Securing fast, inexpensive and enforceable redress is vital for the development of international commerce. The combined use of mediation and arbitration has emerged as a dispute resolution approach offering these benefits. This book investigates the value of the combined use of mediation and arbitration in commercial dispute resolution.

作者：Robert Herian

出版社：Routledge

ISBN：9780367669812

简介：

As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals.

Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as 'revolutionary' and 'disruptive' has the potential to shift global socioeconomic and political conventions. But as a yet largely unregulated, solutionist-driven phenomenon, blockchain exists squarely within the boundaries of capitalist logic and reason, fast becoming central to the business models of many sources of financial and political power the technology was specifically designed to undo, and increasingly allied to neoliberal strategies with scant regard for collective, political or democratic accountability in the public interest. Regulating Blockchain casts a critical eye over the technology, its 'ecosystem' of stakeholders, and offers a challenge to the prevailing discourse proclaiming it to be the great techno-social enabler of our times.

作者：Flora Di Donato

出版社：Routledge

ISBN：9780367726935

简介：

This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research program, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.

编者：Łucja Biel, Jan Engberg, M. Rosario Martín Ruano, and Vilelmini Sosoni

出版社：Routledge

ISBN：9780367730000

简介：

The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement.

图片：张明凯 2024级双硕士

排版：邹悦葵 2024级双硕士

责任编辑：魏一璇