Debating Climate Law /
edited by Benoit Mayer and Alexander Zahar.
- xix, 452p. : ill. ; 23cm
Includes bibliographical references and index. In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of statutory interpretation.
Original perspective on the differences between judge-made and enacted law will appeal to practically-minded legal philosophers Sets out a clear and robust defence of the concept of legislative intent and traces the development of the main principles of statutory interpretation from the Middle Ages to the present Sets out arguments which will resonate with readers throughout all common law jurisdictions
Table of Contents
1. Introduction 2. The supremacy problem 3. The quest to intellectualize statute law 4. Legislatures and intentions 5. Fidelity to text 6. Purposivism, past and present.
"In Climate Change Law in China in Global Context seven climate change law scholars explain how the country's legal system is gradually being mobilized to support the reduction of greenhouse gas emissions in China and achieve adaptation to climate change. Currently there is very little English scholarship on the legal regime for climate change in China. This volume addresses this gap in the literature, and focuses on recent attempts by the country to build defences against the impacts of climate change and to meet the country's international obligations on mitigation. The authors are not only interested in China's laws on paper; rather, the book explains how these laws are implemented and integrated in practice and sheds light on China's current laws, laws in preparation, the changing standing of law relative to policy, and the further reforms that will be necessary in response to the 2015 Paris Agreement on Climate Change. This comprehensive and critical account of the Chinese legal system's response to the pressures of climate change will be an important resource for scholars of international law, environmental law, and Chinese law"--