دانلود کتاب Time, Law, and Change: An Interdisciplinary Study

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Acknowledgements\nTable Of Contents\nList of Contributors\nIntroduction\n I. How Time Shapes Law and Regulation\n II. Time and Law: From Reaction to Prediction\n III. A Roadmap to the Book\nPART I. HISTORICAL, COMPARATIVE AND THEORETICAL\rPERSPECTIVES ON LAW AND TIME\n 1. Interpretation and the Legal Fabrication of Time\n I. The Collapse of Social Space and Social Time in Constitutional Moments\n II. The Representation of Corporate Perpetuity as a Premise of Historical Time\n III. Time and Transcendence\n IV. The Affirmation of Work and Action\n V. Architecture, Art and Time\n VI. Interpretation and Constituent Power\n VII. The End of Time and Interpretation\n 2. Time and the Law: The US Constitutional Experience\n I. Time and the Law\' and the US Constitution\n II. Popular Sovereignty\n III. The 27th Amendment\n IV. \'Time and the Law\' and the Scholarship of Professor Bruce Ackerman\n V. \'Time and the Law\' and Originalism\n VI. Living Constitutionalism\n VII. Precedent and \'Time and the Law\'\n VIII. \'Time and the Law\' in the US Congress\n IX. Conclusion\n 3. Time and Change in Constitutional Amendment\n I. Introduction\n II. Time and Change in Constitutional States\n III. Two Models of Constitutional Consensus: Canada and the United States\n IV. Designing Temporal Limitations\n V. Conclusion\n 4. Night Laws: How Nightfall Shapes Regulation\n I. Introduction: Night and Law – What is the Connection?\n II. Regulating Time, Regulating the Night\n III. Regulating the Dark\n IV. Re-Regulating the Night?\nPART II. COURTS AND TIME\n 5. Law and Time in Two Dimensions: Legitimate Expectations in the Case Law of the Court of Justice of the European Union\n I. Introduction\n II. Law and Time in Two Dimensions\n III. The Concept of \'Legitimate Expectations\' at the Intersection of Two Dimensions of Time\n IV. The Concept of Legitimate Expectation in the Case Law of the CJEU\n V. Conclusion\n 6. The Timing of Judicial Review of Constitutional Amendments – Towards a \'Time Sensitivity Test\' Following the Moldovan Constitutional Court\'s Decision on the Modality of Electing the President\n I. Introduction\n II. Background\n III. The Case before the Constitutional Court\n IV. General Comments\n V. The Time Perspective as Context\n VI. Conclusion\n 7. The Effect of Specialised Courts over Time\n I. Introduction\n II. Historical Background\n III. The Israeli Case\n IV. Empirical Analysis\n V. Conclusion\nPART III. LEGISLATORS AND TIME\n 8. Temporary Legislation as a Mechanism for Reaching Consensus. A Critical Analysis in the Absence of Ex Post Evaluation\n I. Introduction\n II. The Main Features of Sunset Clauses and the Use of Temporary Legislation as a Tool to Reach Consensus\n III. The Italian Decreto-legge – A Provisional Emergency Decree which is Used Routinely Nowadays\n IV. The Use of the Provisional Decreto-legge as a Tool to Reach Consensus\n V. Time Issues Regarding the Decreto-legge, its Negative Outcomes from the Perspective of the Quality of Legislation, the (Partial) Solutions Given by the Corte costituzionale and the Inevitable Lack of an Ex Post Evaluation\n VI. Conclusion\n 9. Sunset Clauses: A Contribution to Legislative Quality\n I. Hypothesis and Method\n II. Sunset Clauses: A Legislative Exploration\n III. Sunset Clauses as Contributors to Legislative Effectiveness\n IV. Sunset Clauses as Guardians of Legislative Quality\n V. Conclusions\n 10. The Legisprudential and Political Functions of Temporary Legislation\n I. Introduction\n II. Methodology\n III. Legisprudential Functions of Temporary Legislation\n IV. Political Uses of Temporary Legislation\n V. Discussion: Appropriate Uses of Temporary Legislation\n VI. Conclusion\n 11. Speeding Up the Legislative Process: To What End and at What Cost?\n I. Do We Need to Speed Up the Legislative Process?\n II. Modern Society, Traditional Government and Legislative Processes\n III. Studying Legislative Performance\n IV. Highlights of the Study – Bird\'s Eye View\n V. Speeding Up, or Rushing to Results? By Way of Conclusion\n 12. Legal Schizophrenia: Rethinking the Dichotomy in Distinguishing between Retroactive Criminal and Civil Legislation\n I. Introduction\n II. The Worldwide Distinction between Retroactive Criminal and Civil Legislation\n III. Theoretical Analysis of the Fundamental Considerations against Retroactive Legislation\n IV. Theoretical Analysis of the Fundamental Considerations at the Core of the Distinction between Criminal and Civil Law\n V. Conclusion\nPART IV\rTECHNOLOGY AND TIME\n 13. Disruptive Innovation and Sunset Clauses: The Case of Uber and other On-Demand Transportation Networks\n I. Introduction\n II. Disruptive Innovation and Ride-Hailing Apps\n III. Deregulation via Sunset Clauses\n IV. Conclusions\n 14. Law and Technology in the Dimension of Time\n I. Introduction\n II. Socio-Technical and Legal Change and the Dimension of Time\n III. Design-Based Regulation in the Dimensions of Law and Time\n IV. Self-Driving Cars and the Complexity of Regulation over Time\n V. Conclusion\n 15. Back to the Future: Waves of Legal Scholarship on Artificial Intelligence\n I. Time and Technology: The Rise of Artificial Intelligence as a Topic of Legal Inquiry\n II. Topics of Legal Research on Artificial Intelligence\n III. Time and Research: Questions for the Legal Community\n IV. Conclusion\n 16. Future-Proofing Legislation for the Digital Age\n I. Introduction\n II. Future-Proofing: Interdisciplinary Analysis\n III. Future-Proofing Law\n IV. A Framework\n V. Conclusion\nConcluding Remarks: Time, Law and Change: It Takes Three to Tango\n I. Introduction\n II. Change: A Matter of Urgency?\n III. Differentiation in Time Pressure\n IV. Delayed Drop Effect\n V. Speeding Up the Legislative Process\n VI. Democratic Legitimacy Deficit\n VII. Our Time Asks for Innovation\n VIII. Experimental Legislation: Three Caveats\n IX. Final Remark\nIndex