Download or read book Vienna Lectures on Legal Philosophy Volume 1 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Download or read book Vienna Lectures on Legal Philosophy Volume 2 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Download or read book Vienna Lectures on Legal Philosophy Volume 3 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Download or read book Knowing What the Law Is written by Alexander Somek and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Download or read book Conflict War and Revolution written by Paul Kelly and published by LSE Press. This book was released on 2022-01-04 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence and war were ubiquitous features of politics long before the emergence of the modern state system. Since the late 18th century major revolutions across the world have further challenged the idea of the state as a final arbiter of international order. This book discusses ten major thinkers who have questioned and re-shaped how we think about politics, violence and relations between states – Thucydides, Augustine, Machiavelli, Hobbes, Locke, Rousseau, Clausewitz, Lenin and Mao, and Schmitt. Conflict, war and revolution have generally been seen in political thought as problems to be managed by stable domestic political communities. In different ways, all the paradigmatic thinkers here acknowledge them instead as inevitable dimensions of human experience, manifested through different ways of acting politically – while yet offering radically distinct answers about how they can be handled. This book dramatically broadens the canon of political thought by considering perspectives on the international system that challenge its historical inevitability and triumph. Drawing on history, theology, and law as well as philosophy, Paul Kelly introduces thinkers who challenge fundamentally the ways in which we should think about the nature and scope of political institutions and agents. He illuminates many troubling contemporary conflicts with a critical and historical perspective. This book is primarily intended for second year and upwards undergraduate students in general political theory and international theory, and advanced international relations students. Each chapter is also downloadable on its own for use in courses considering only some of the ten theorists covered. Written in an accessible way Conflict, War and Revolution will also interest advanced general readers with interests in the historical thought underpinnings of political ideas and today’s international politics.
Download or read book The Double Facing Constitution written by Jacco Bomhoff and published by Cambridge University Press. This book was released on 2020-01-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how constitutional orders engage with and are shaped by their exteriors.
Download or read book Demoicratic Authority written by Josef Weinzierl and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.
Download or read book Designing Indicators for a Plural Legal World written by Siddharth Peter de Souza and published by Cambridge University Press. This book was released on 2022-08-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Download or read book In visible European Government written by Maarten Hillebrandt and published by Taylor & Francis. This book was released on 2023-12-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.
Download or read book Constitutionally Conforming Interpretation Comparative Perspectives written by Matthias Klatt and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Download or read book Emergency Powers of International Organizations written by Christian Kreuder-Sonnen and published by Oxford University Press. This book was released on 2019-11-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs' authority structures (the ''ratchet effect"). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the "rollback effect"). To explain these variable outcomes, this book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors' ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system's current legitimacy crisis.
Download or read book The Ethics of Justice Without Illusions written by Louis E. Wolcher and published by Routledge. This book was released on 2016-06-17 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in the spheres of politics and law. The many decent human beings who have noticed and experienced this diminishment of justice’s prestige find themselves in a thoroughly disenchanted existential situation. For them, the attempt to do justice without the illusion of being grounded in something beyond the sheer facticity of their own performances is a distinctly ethical theme, which cries out to be investigated in its own right. Heeding the cry, this book asks and attempts to answer the following fundamental ethical question: is a life in the law – even one spent in the pursuit of justice – worth living, and if so, how can a disenchanted person come to bear the living of it without constantly having to engage in self-deception? If Nietzsche is right that living without illusions is impossible for human beings, then the most important ethical implication of this essentially anthropological fact goes far beyond the question of what illusions we ought to choose. It must also include the question of whether we should succumb to that most seductive and pernicious of all illusions: namely, the belief that exercising great care and responsibility in choosing our illusions – which we might then call our ‘principles of justice’ – excuses us ethically for what we do to others in their name. The culmination of a 10 year legal-philosophical project, this book will appeal to graduate students, scholars and curious non-academic intellectuals interested in continental philosophy, critical legal theory, postmodern theology, the philosophy of human rights and the study of individual ethics in the context of law.
Download or read book The Year book of Education for 1878 and 1879 written by and published by . This book was released on 1879 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Political Philosophy of Arnold Brecht written by Arnold Brecht and published by . This book was released on 1954 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Download or read book Law Books 1876 1981 written by R.R. Bowker Company and published by New York : R.R. Bowker Company. This book was released on 1981 with total page 1462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
