Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford Monographs in Internati. This book was released on 2020-01-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Download or read book Moral Pluralism and Legal Neutrality written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-12-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Download or read book Neutrality in International Law written by Kentaro Wani and published by Taylor & Francis. This book was released on 2017-02-24 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
Download or read book The myth of neutrality in positive legal theory written by Julius Cohen and published by . This book was released on 1986 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Handbook of Humanitarian Law in Armed Conflicts written by Dieter Fleck and published by Oxford University Press, USA. This book was released on 1999 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.
Download or read book The Neutrality Laws of the United States written by Charles Ghequiere Fenwick and published by Washington : The Endowment. This book was released on 1913 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory and Practice of Neutrality in the Twentieth Century written by Roderick Ogley and published by Taylor & Francis. This book was released on 2022-08-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1970 The Theory and Practice of Neutrality in the Twentieth Century documents the various shapes and forms that neutrality has taken. The most important are neutralization, traditional neutrality, ad hoc neutrality and non-alignment. Each of these terms is carefully defined and illustrated by documents running from the beginning of this century to the late 1960s. This enables students to judge for themselves whether neutrality can again become, as it was in the past, an honourable convenience, or whether, except in so far as it contributes to mediation and peacekeeping, it is an anachronism.
Download or read book The Copyright Pentalogy written by Michael Geist and published by University of Ottawa Press. This book was released on 2013-04-27 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Download or read book Traditional Neutrality Revisited Law Theory and Case Studies written by Elizabeth Chadwick and published by Springer. This book was released on 2002-04-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the extent to which frameworks of tradional neutrality might remain useful in modern contexts of peace and war, notwithstanding the technical prohibition of war in the Charter of the United Nations. Traditional neutrality constituted a system through which non-belligerent states could remain at peace with warring states, and thereby avoid attack and continue peacetime trading relations. The essays here collected deal with the rules of neutrality as they had developed and operated generally by the outbreak of World War 1, those variations in and alternatives to traditional neutrality which arose in the aftermath of World War 1, and particular aspects of the legacy of neutrality which continue to survive in the post-1945 era. It is argued that the operable rules of traditional neutrality foundered in the face of industrialized warfare, but that the retreat from the 'logic' of neutrality in the modern era has been premature.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book The Neutrality Laws of the United States written by Charles Ghequiere Fenwick and published by . This book was released on 1912 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Bloomsbury Publishing. This book was released on 2005-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Download or read book Neutrality A Viable Concept in International Law written by Linda J. Wright and published by . This book was released on 1981 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The social construction of Swedish neutrality written by Christine Agius and published by Manchester University Press. This book was released on 2013-07-19 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War and the ‘War on Terror’ has signalled a shift in the security policies of all states. It has also led to the reconsideration of the policy of neutrality, and what being neutral means in the present age. This book examines the conceptualisation of neutrality from the Peloponnesian War to today, uncovering how neutrality has been a neglected and misunderstood subject in International Relations (IR) theory and politics. By rethinking neutrality through constructivism, this book argues that neutrality is intrinsically linked to identity. Using Sweden as a case study, it links identity, sovereignty, internationalism and solidarity to the debates about Swedish neutrality today and how neutrality has been central to Swedish identity and its worldview. It also examines the challenges to Swedish neutrality and neutrality broadly, in terms of European integration, globalisation, the decline of the state and sovereignty, and new threats to security, such as international terrorism, arguing that the norms and values of neutrality can be reworked to contribute to a more cosmopolitan international order.
Download or read book Evaluation and Legal Theory written by Julie Dickson and published by Bloomsbury Publishing. This book was released on 2001-06-05 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Download or read book Liberal Neutrality written by Alexa Zellentin and published by Walter de Gruyter. This book was released on 2012-08-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal neutrality has two underlying intuitions and therefore two distinct elements. On the one hand it refers to the intuition that there are matters the state has no business getting involved in. On the other hand it is motivated by the idea that the state ought to treat citizens as equals and show equal respect for their different cenceptions of the good life. This book defends this two-fold understanding of neutrality with reference to Rawls’ conception of citizens as free and equal persons. Treating citizens as equals requires the state to grant its citizens equal political rights and also to ensure that these rights have “fair value”. Given the danger that cultural bias undermines the equal standing of citizens, the state has to ensure procedures of political decision making that are able to take citizens’ different conceptions into account.
