Law As An Instrument

Wang shows how the law in China is conceptually reconfigured and instrumentally employed to shore up an illiberal authoritarian regime.

Governments have at their disposal a broad range of policy instruments that they may use to influence behaviour and pursue environmental policy goals. This volume of the Elgar Encyclopedia of Environmental Law is a comprehensive guide to these environmental policy instruments, examining their characteristics, applications, strengths and limitations, as well as giving an overview of the most significant issues related to their adoption and effectiveness. With entries written by leading international scholars, this incisive volume provides insight into the cross-cutting issues that are common to discussions of such policy instruments, including the legal bases for their use, how instruments can be compared for costs, distributional questions, and monitoring and enforcement. Contributions also explore hybrids and blends of policy instruments and explain the relationships between them, using case studies and examples from around the world, as well as providing succinct summaries of the substantial literature in the field. Students and scholars in environmental law will find this volume to be an invaluable resource, for both its solid theoretical foundations and its analysis of undertreated issues in the field. Its discussion of how and why each policy tool might be used is particularly relevant for policymakers and practitioners.

How can the law be employed pragmatically to facilitate development and underpin illiberal principles? The case of contemporary China shows that the law plays an increasingly important role in the country's illiberal approach to both domestic and China-related global affairs, which has posed intellectual challenges in understanding it with reference to conventional, Western legal concepts and theories. This book provides a systematic exploration of the sources of Chinese law as pragmatically reconfigured in context, aiming to fill the gap between written and practised law. In combination with fieldwork investigations, it conceptualises various formal and informal laws, including the Constitution, congressional statutes, supreme court interpretations, judicial documents, guiding cases and judicial precedents. Moreover, it engages a theoretical analysis of legal instrumentalism, illuminating how and why the law works as an instrument for authoritarian legality in China, with international reflections on other comparable regimes.

The effect of the law on human behavior is contemporary society?nothing less is the concern of this important book. It is curious that scholars in psychology and law have largely neglected this topic because studies of the effects of law on behavior may have much to teach about the role of social regulation in human motivation more generally. Similarly, such studies may offer jurisprudential scholars new ways of thinking about the role of law in human experience.øHere seven leading experts on law and the social sciences discuss the contributions their research c an make to the legal system. Concerned with the relationship between the law and both individual and group behavior, they examine the law as an instrument of social stasis and social change and as an element of personal motivation. The result is a major step toward the development of a psychology of jurisprudence. The scope of this book is in the best tradition of the Nebraska Symposium on Motivation and a fitting celebration of the tenth anniversary of the University of Nebraska-Lincoln?s Law/Psychology Program, the first integrated graduate training program in psycho-legal studies. Drawing from law, anthropology, sociology, psychology, and philosophy, the contributors take a truly interdisciplinary approach to understanding the instrumentality of law.

This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada, both in theory and practice. It is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships and corporations to carry on small businesses as well as a thorough introduction to the law and policy of public company governance. The fourth edition has been fully updated to reflect developments in the caselaw and statutory reforms in the last decade. Dozens of new cases are cited. The 2018 amendments to the Canada Business Corporations Act are discussed, including the requirements for public corporations to report on the diversity of their boards of directors that are not yet in force. The chapters on securities law, corporate governance, and corporate social responsibility have been significantly expanded. As well, features to improve the utility of the book have been added, such as more comprehensive cross-referencing throughout the text.