法　学 — 全 下位分類

This book advances a bold phenomenological foundation for animal legal personhood. Drawing on Merleau-Ponty, care ethics, ethology, Indigenous studies, and critical human-animal scholarship, Aubert develops a post-anthropocentric account of animals as embodied, intentional, communicative, and vulnerable agents. The book challenges dominant cognitive and anthropocentric criteria for inclusion in moral and legal communities, proposing instead an ethics grounded in attentiveness, relationality, and embodied communication. Through vivid multispecies encounters, Aubert identifies animals' fundamental interests and preference-based agency, advancing a framework for translating their standpoints into legal institutions. Interweaving analytic clarity with personal reflection, this interdisciplinary study reimagines animal rights, legal subjecthood, and ecological care for the Anthropocene, offering an innovative path forward for law, ethics, and environmental humanities.

Care work is essential. And yet, Western capitalist societies are organised in a way as to neglect care work and make it invisible.

Building on feminist critiques of labour law, this book analyses how private care work has been socially constituted as the Other in relation to work on labour markets. By bringing labour law, with its collective structures, into conversation with individual anti-discrimination law, it develops a solidaristic form of labour law that includes unpaid care work.

It shows how the law can be used to challenge collective organisations' understandings of work in order to integrate and accommodate the Other of labour law.

This book examines one of the most pressing governance challenges facing the WTO: its growing difficulty in producing timely, effective and collectively acceptable decisions. While the WTO remains formally committed to consensus-based decision-making, this foundational principle has increasingly generated what the book conceptualizes as an "efficiency deficit"-a widening gap between Members' expectations of institutional delivery and the Organization's actual decision-making capacity.

Rather than attributing this paralysis to the heterogeneity of its membership or to individual Members' exercise of "de facto veto power", the book identifies both internal and external drivers of institutional strain. It shows how negotiation processes, institutional design and Member interactions collectively shape decision-making outcomes, contributing to persistent deadlock across key negotiating areas.

The book further argues that overcoming these constraints does not require abandoning consensus, but rebuilding the conditions under which it can function effectively. Central to this effort is the reconstruction of cooperative culture, sustained by trust, sequencing strategies and a member-driven approach that enables incremental progress. It also highlights the enabling role of institutional actors-such as the Secretariat, the Director-General and negotiation chairs-in facilitating dialogue, structuring negotiations and fostering convergence. Through this integrated framework, the book offers a pathway for restoring functionality to WTO decision-making while preserving its core principles of inclusiveness and legitimacy.

This book provides deep scientific analysis into the almost unexplored realm of the right to energy with this groundbreaking research, addressing the scattered theoretical-legal foundations within modern legal doctrine. This work systematically structures and systematizes the essential elements for recognizing and shaping the right to energy. Adopting a transdisciplinary approach, it goes beyond the legal domain to encompass historical, economic, social, political, and doctrinal aspects, offering a comprehensive perspective. First, this book intricately examines the theoretical elements influencing the configuration of the right to energy, drawing on historical, economic, and normative backgrounds at international, regional, and national levels. By synthesizing existing doctrine, it provides a solid foundation for the inclusion of the right to energy in legal instruments worldwide. Then, it undertakes a meticulous analysis of Cuba's energy-related normative provisions, starting with its 2019 Constitution. A systematic examination of the legal framework follows, unravelling the regulatory complexities within the energy sector. These findings serve as a theoretical cornerstone for recognizing and configuring the right to energy in Cuba. Finally, upon these insights, the book navigates the intricacies of the Cuban legal system to argue for the essential elements of the right to energy. Bridging gaps in knowledge, this research contributes a theoretical basis, crucial for the future legal recognition and configuration of the right to energy in Cuba. Uncover the transformative potential of this study, poised to elevate awareness and influence the international discourse on the right to energy. This book stands out due to its innovative doctrinal approach, aiming to enhance international, regional, constitutional and complementary regulations. The significance of this study goes beyond theoretical considerations, as it directly impacts the understanding of the right to energy, becoming an essential prerequisite for fostering sustainable development in the contemporary era. By addressing this critical gap, the work not only contributes to academic discourse but also holds practical implications for the improvement of legal frameworks, making it a valuable and timely addition to the scholarly landscape. This research resonates globally, influencing international bodies overseeing legal instruments. Regionally, it aligns with European, Latin American, and Caribbean integration entities, with broader applicability worldwide. At the national level, it informs legislators, decision-makers, and legal practitioners. Its transdisciplinary nature extends its relevance to sociology, economics, and geography professionals, enriching the educational landscape for students in related fields. In essence, this study transcends boundaries, disciplines, and professional domains, leaving a multifaceted impact at the international, regional, and national tiers.

This book brings together contributions from leading international lawyers from different generations, countries, and substantive areas of specialization-from public international law generalists to regional experts-, reflecting on topics currently shaping the future of international law towards which Antonio Augusto Cancado Trindade made an enduring contribution.

A generalist, Cancado Trindade is arguably the highest exponent of public international lawyer to emerge so far from Latin America. A seating judge at the International Court of Justice (ICJ) at the time of his passing, he was a Member of the Curatorium of the Hague Academy of International Law (since 2004) and a Member of the prestigious Institute of International Law (since 1997). He was a judge at the Inter-American Court of Human Rights for many years, and its president (elected 1999, re-elected 2002). During that time he contributed to some of the most important jurisprudence delivered by the Inter-American Court, which became clearly influential in the development of international law as we know it today.

While at the ICJ, Cancado Trindade was what Justice Bader Ginsburg was to the US Supreme Court: "the Great Dissenter". He wrote for future generations of international law scholars and his Dissenting Opinions aspired to one day become the dominant view. He delivered the General Course on Public International Law at the Hague Academy of International Law in 2005, International Law for Humankind: Towards a New Jus Gentium. His critical thinking has made an important contribution to the field of international law and inspired new generations of international law practitioners and scholars.

This book will be an important reference for practitioners, academics, researchers, university students and international law specialists working in international courts and tribunals with issues of international justice.

Monica Feria-Tinta is a barrister at Twenty Essex in London, United Kingdom.

The deployment of AI systems in the administration of justice raises a question that existing legal frameworks have yet to resolve: who bears responsibility for their outputs, and on what grounds. This book provides a systematic, socio-technical framework for distributing accountability across the entire AI value chain, from general-purpose model providers to deployers operating in high-stakes public decision-making contexts.
Drawing on the COMPAS case and the emerging challenges posed by generative AI, the book analyses how AI's disruptive features and automation bias threaten human agency and create accountability gaps that existing legal frameworks cannot adequately address. It traces the theoretical foundations of algorithmic accountability by distinguishing between moral responsibility, accountability as a virtue, accountability as a mechanism, and civil liability - distinctions that prove decisive when the delegation of decision-making power to AI systems causes harm.
Through analysis of the EU AI Act and its risk-based approach, the book identifies critical tensions between product safety mechanisms and fundamental rights protection, with particular attention to the concept of material influence as the threshold criterion for high-risk classification. It develops three accountability frameworks mapped onto the Act's risk classification structure: one for high-risk AI systems requiring mandatory human oversight; one for non-high-risk systems, where providers must demonstrate that their outputs do not materially influence judicial decisions; and one for limited-risk AI systems deployed by legal professionals. All three frameworks distribute responsibilities across the AI value chain and establish grounds for liability when automation bias causes harm.
Central to the book's argument is the paradox of cognitive automation: as generative AI systems grow more persuasive, their opacity and tendency to 'hallucinate' undermine the very reliability that meaningful human oversight presupposes. The book argues that neither technical solutions nor formal oversight mandates can adequately address these risks without integrating cognitive biases and human factors into accountability design; a socio-technical approach is therefore essential to any credible framework for Responsible AI. Practical proposals for contestability are developed through analysis of the right to explanation and liability regimes, situating ex ante risk management and ex post redress mechanisms within a coherent governance architecture.

This book proposes a method for balancing and identifies appropriate legal tools for balancing in the context of AI-driven video-based Active Assisted Living (AAL) technologies - technologies integrated into computer systems that leverage artificial intelligence (AI) to assist older adults in their daily lives, enabling them to live independently and remain active. While numerous studies claim that AAL technologies are steadily improving their ability to assist individuals in need, this optimistic assessment must be weighed against a range of legal, ethical, and societal concerns. These often involve conflicts of interests, including conflicts between privacy, autonomy, safety, dignity, innovation, and effective care. One way of addressing such conflicts is through balancing. In the legal context, this raises a more specific question: What is balancing, and how can it be used to prevent or resolve conflicts?
The main focus of this book is the application of balancing as a legal method for conflict management in the AAL context, particularly in connection with European law, fundamental rights, and AAL use in private homes. The book begins by identifying key stakeholders and their primary interests. It then combines risk identification with legal analysis to propose a method for identifying potential conflicts. Subsequently, it presents two principal approaches to balancing recognised in the case law of the European Court of Human Rights and the Court of Justice of the European Union: proportionality and compromising. Each approach is analysed in detail, with particular attention to AI-driven AAL technologies.
Building on these findings, the book develops a catalogue of legal tools for balancing. It also examines the possibility of an integrated model of balancing, proposes how such a model could be constructed, and evaluates its potential role as a risk and quality management system under the AI Act.
By examining the concept of balance, methods of balancing, and legal tools for balancing, the book makes a substantial contribution to legal scholarship. It also advances research on AAL technologies by proposing a novel stakeholder classification system that combines analytical and legal approaches, identifying balancing tools applicable in the AAL context, and exploring models for risk and quality management under the AI Act.

What happens when a nation founded on multicultural ideals begins to see cultural difference as a problem to be managed, rather than a value to be celebrated? This book challenges the core assumptions of Canada's multiculturalism policy and its reliance on "reasonable accommodation."

Instead of fostering genuine inclusion, these frameworks often reinforce the dominance of the majority culture, positioning minority groups as outsiders who must conform, adapt, or be merely tolerated.

Drawing on feminist constitutionalism, intersectionality, and critical race theory, the author exposes how these dynamics most acutely impact those at the intersections of multiple forms of marginalization - especially Muslim women. The book powerfully critiques how feminist ideals are sometimes appropriated by populist narratives to justify Islamophobic and anti-immigration policies, all while claiming to defend liberal values.

Through incisive analysis of landmark legal cases, this book reveals how the legal system can perpetuate structural inequalities under the guise of neutrality and reasonableness. Essential reading for anyone interested in social justice, law, or Canadian society, this book invites readers to rethink what true multiculturalism means - and what is at stake when it is reduced to a tool for managing, rather than embracing, diversity.

This book examines how law and regulation respond to digital transformation in South and Southeast Asia, with particular attention to Vietnam, Thailand, Indonesia, and India. Across these jurisdictions, digital transformation is widely promoted as a pathway to economic growth, social inclusion, and the achievement of the Sustainable Development Goals (SDGs). Yet the same process also produces new regulatory tensions: between innovation and control, market expansion and public accountability, technological adoption and local institutional capacity.
Bringing together country studies and sector-based analyses, the book investigates how legal systems in the region are adapting to the rise of digital platforms, data-driven markets, financial technologies, artificial intelligence, and new forms of online governance. It pays close attention to the gap between law-on-the-books and law-in-practice, showing how formal legal reforms are shaped by local political economies, administrative practices, business interests, and social conditions. Rather than treating digital regulation as a matter of transplanting global best practices, the book asks how regulatory ideas travel, how they are adapted, and where they encounter resistance in specific national contexts.
Edited and written by scholars and practitioners with regional expertise, the volume offers an empirically grounded account of digital transformation and legal change in technology-rich but institutionally diverse Asian societies. It will be of interest to researchers, students, legal professionals, policymakers, investors, development agencies, and international partners seeking to understand the regulatory landscape, economic potential, and governance challenges of digital transformation in South and Southeast Asia.

This book offers a bold new perspective on how justice systems are evaluated. In an era where efficiency, transparency, and accountability are not just ideals but expectations, this book equips readers with the tools to move beyond opinion and into measurable reality.

Blending real-world data with cutting-edge technologies-such as generative AI and agent-based modeling-and a comparative approach across European jurisdictions, this volume redefines how we assess legal performance. From analyzing court delays and forecasting bottlenecks to simulating judicial processes through digital twins, it opens the door to smarter policymaking and legal innovation.

Whether you're a legal tech developer, policymaker, academic, or professional working in real estate foreclosures, credit risk, or legal system design, this book delivers actionable insights and models. Explore chapters on KPIs in civil justice, ESG-driven valuation in judicial sales, and predictive models for system stress under economic shocks.

What sets this book apart is its practical focus: it's not just about theory-it's about what can be done now. Supported by real case data, industry partnerships, and contributions from experts in law, AI, and finance, this book is a timely and essential read for anyone working at the intersection of justice and technology.

This book studies the "disciplinary divides" between law and political science, including conceptual, methodological, and normative differences in how each field approaches policy, institutions, and legal phenomena.
Disciplinary Divides in the Study of Law and Politics critically analyses these fault lines and proposes strategies to bridge them. The chapters identify key gaps, disagreements, and challenges in the study of law and politics through fresh empirical analyses, including studies of rights (such as Charter and Indigenous rights) and of institutional actors and processes - courts, legislatures, executives, expert witnesses, judicial selection, constitutional amendment, and government lawyers. The volume addresses a wide range of legal domains, including constitutional, administrative, immigration and refugee, federalism, and electoral law, while also highlighting areas where deeper interdisciplinary engagement is needed. Several chapters contribute to theoretical development, and many adopt a forward-looking perspective, identifying urgent research questions and setting future research agendas. Collectively, the contributions demonstrate how greater interdisciplinary collaboration can enhance our understanding of law's relationship to power, public policy, and society.

Territory and constitutional order lie at the heart of some of the most pressing challenges facing Europe today. Shaped by historical legacies, diverse identities and the ongoing process of European integration, territorial governance continues to test the resilience of constitutional systems.
This volume explores these dynamics through a comparative constitutional perspective, combining theoretical insights with a rich set of case studies. It originates from the Sapienza University Research Project "Territory, Borders and Institutions: Between Secession and Centrifugal Dynamics", initiated by Professor Beniamino Caravita, whose vision has inspired the research underlying this work.
At its core, the book examines the tension between territorial asymmetries and secession. Mechanisms such as regionalism, differentiated autonomy and federalism can accommodate diversity within a single constitutional framework, as seen in countries like Spain, Italy and Belgium. Yet these same arrangements may also generate political tensions and perceptions of inequality. Secessionist movements represent a more radical challenge, raising fundamental questions about the balance between self-determination and territorial integrity, as illustrated by developments in Scotland, Catalonia and Flanders.
Bringing together theoretical analysis and comparative case studies from across Europe, the volume highlights how territorial claims shape constitutional change at both national and supranational levels.
A timely and insightful contribution, this book offers essential perspectives for understanding the evolving landscape of territorial governance in Europe. This is an open access book.

This open access volume provides a comprehensive account of the role of legal interpretation in shaping the development of law, legal reasoning, and institutional and constitutional practice. Drawing on contributions from constitutional law, criminal law, civil liability, consumer protection, EU law and digital regulation, it highlights interpretation as a key mechanism through which coherence, adaptability and fairness are maintained within legal systems.
Legal interpretation mediates the translation of abstract principles into concrete outcomes, supports the protection of rights and freedoms, and enables the integration of new social and technological realities into existing legal frameworks. The contributions address a range of topics, including religious freedom, government liability, undue influence in liberalities and the evolving concept of family, illustrating how interpretative approaches can influence the scope and effectiveness of fundamental rights.
Several chapters examine the constitutional dimension, focusing on the Romanian Constitutional Court's use of the rule of law principle, the liability of government members and the impact of the EU Charter of Fundamental Rights on domestic legal systems. Other contributions engage with criminal law, including analogy in malam partem, teleological reasoning and the relationship between legal logic, aporia and structured openness. Civil and commercial law developments are also considered through analyses of consumer contracts, tort law and SME regulation.
The volume further addresses contemporary challenges, including the impact of legal tech on litigation practices, the role of expert evidence and interpretative issues related to online advertising. Throughout, it shows how interpretation operates as a bridge between relatively stable legal texts and evolving social contexts.
Overall, the book demonstrates that legal interpretation is not merely a technical tool, but a central element of legal reasoning, institutional practice and democratic legitimacy. It will be of interest to scholars, practitioners and advanced students engaged with contemporary developments in law and its interaction with society and technology.

How technology companies became de facto governors of public life-and how democracy can evolve to survive

Across the globe, technology companies have risen from innovative disruptors to powerful actors that are shaping public discourse, the democratic process, and individual freedoms. With the help of advertising, data extraction, and algorithms, today's platforms influence what billions of people see and believe, yet they bear no legal responsibility for it. They manipulate this distribution with an eye only to profit, and they are heedless of the political or social consequences of doing so. These companies are entities the framers of the Constitution never contemplated, making political interventions they never imagined.

In Who Elected Big Tech?, Allison Stanger combines technological expertise, First Amendment scholarship, and political theory to explain how this happened and what it means. She traces the legal origins of platform power, shows how algorithms structure attention and quietly normalize manipulation, examines the evolution of content moderation from simple rules to opaque systems of control, and reveals why these questions grow only more urgent in the age of artificial intelligence.

Preserving human agency and values requires more than regulatory tweaking, Stanger argues. It demands a fundamental reimagining of how democratic societies govern the digital world. Stanger provides essential context for understanding our predicament and guidance for finding a path forward-before unchecked technological power erodes freedom and equality beyond repair.