Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Download or read book The Pragmatic Turn in Law written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-06-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Download or read book Reconsidering Religion Law and Democracy written by Anna-Sara Lind and published by Nordic Academic Press. This book was released on 2016-01-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? What different forms of interactions between and negotiations of religion and religious beliefs can we see in contemporary society? What are the primary contenders in these interactions and negotiations? The authors of Religion, Law and Democracy give ample examples of a variety of interaction processes between different expressions of religion and different spheres of society, such as the media, the judicial systems and state administration and policy. The authors primarily approach these questions from a North European but also to some extent a global perspective. A common denominator is a dynamic perspective on the relation between religious organizations, society and the individual actors - in other words how all of these levels are interconnected and transformed in these processes.
Download or read book Inverting the Norm written by Trevor N. Wedman and published by Mohr Siebeck. This book was released on 2022-11-21 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trevor N. Wedman seeks to understand the key assumptions underlying modern legal theory. Going back to Hobbes, but also making use of the developments in the theory of action and language philosophy over the past century, he breaks down the static conception of the state into one dependent on the actions and reflections of individuals, i.e., its citizens. He develops a social ontological theory of the law, in which the law is not taken as a mere given, but as an institutional fact. He criticizes both the Kelsenian conception of the Basic Norm and the Hartian notion of the Rule of Recognition as failing to account for the agency of individuals. The author turns to the work of one of Kelsen's contemporaries, Felix Somlo, in order to develop an alternative conception of the law that operates not from the top down, but from the bottom up. In this way, the law itself comes into focus as that which results from the reasoned jurisprudential reflection on the reality of meanings and actions.
Download or read book Charting the Divide Between Common and Civil Law written by Thomas Lundmark and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTRODUCTION CHAPTER ONE: The Discipline of Comparative Law CHAPTER TWO: Comparative Legal Linguistics CHAPTER THREE: Comparative Jurisprudence CHAPTER FOUR: Lawyers CHAPTER FIVE: Judges and Judiciaries CHAPTER SIX: Lay Judges and Juries CHAPTER SEVEN: Legal Reasoning CHAPTER EIGHT: Statutes and their Construction CHAPTER NINE: Judicial Precedents CONCLUSION.
Download or read book AI Approaches to the Complexity of Legal Systems Models and Ethical Challenges for Legal Systems Legal Language and Legal Ontologies Argumentation and Software Agents written by Monica Palmirani and published by Springer. This book was released on 2012-11-28 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge concerning organization, structure, and content in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. Multisystem and multilingual ontologies provide an important opportunity to integrate different trends of research in AI and law, including comparative legal studies. Complexity theory, graph theory, game theory, and any other contributions from the mathematical disciplines can help both to formalize the dynamics of legal systems and to capture relations among norms. Cognitive science can help the modeling of legal ontology by taking into account not only the formal features of law but also social behaviour, psychology, and cultural factors. This book is thus meant to support scholars in different areas of science in sharing knowledge and methodological approaches. This volume collects the contributions to the workshop's third edition, which took place as part of the 25th IVR congress of Philosophy of Law and Social Philosophy, held in Frankfurt, Germany, in August 2011. This volume comprises six main parts devoted to the each of the six topics addressed in the workshop, namely: models for the legal system ethics and the regulation of ICT, legal knowledge management, legal information for open access, software agent systems in the legal domain, as well as legal language and legal ontology.
Download or read book Uppsala Minnesota Colloquium written by Mattias Dahlberg and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Law and Justice written by Alf Ross and published by . This book was released on 2019 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Law and Justice is a classic work of twentieth-century legal philosophy. The first translation into English was notably poor and misrepresented Ross' views. Translated from scratch from the original Danish, this critical edition sheds new light on Ross' work and resituates it firmly in the context of current debates in the field.
Download or read book State Religion and Muslims written by Melek Saral and published by BRILL. This book was released on 2020-03-02 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: State, Religion and Muslims: Between Discrimination and Protection at the Legislative, Executive and Judicial Levels brings together academics from different disciplines and offers an in-depth analysis of discrimination in specific areas of life which affects Muslims in Western countries. The volume undertakes a comprehensive examination of the discriminatory practices across 12 countries while situating them in their institutional frameworks. Exploring critical aspects of discrimination against Muslims – in areas such as education, employment, exercise of religion, state relations with religious communities as well as hate crime and hate speech – the volume shows the prevalence of individual, structural and institutional discrimination against Muslims living in Western countries. Contributors are: Amina Easat-Daas, Andrea Pin, Beesan Sarrouh, Camille Vallier, Dieter Schiendlauer, Eva Brems, Ineke van der Valk, Ksenija Šabec, Maja Pucelj, Mario Peucker, Mosa Sayed, Nesa Zimmermann, Niels Valdemar Vinding and Safa ben Saad.
Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Download or read book A Real Mind written by Patricia Mindus and published by Springer Science & Business Media. This book was released on 2009-09-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
Download or read book Twelfth International Diatom Symposium written by Herman van Dam and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Twelfth International Diatom Symposium stressed how diatoms can be used to assess the human impact on natural waters, without neglecting other important fields of research. As the frustules of many diatom species are relatively resistant to dissolution they are preserved in freshwater and marine sediments and provide a record of past environments on earth. In past decades they have been successfully used to reconstruct changes in water bodies evoked by changes in salinity, acidification and eutrophication. In the last few years diatom-inferred predictions of environmental variables have become much more quantitative. In the most recent research reports the strong separation between palaeolimnological and neolimnological diatom research is fading, as palaeolimnologists are increasingly using modern calibration sets to infer past states of the environment. This quantitative approach is also very suitable for prediction of future changes in the biota of surface waters. Also ecological changes due to climatic modification have been investigated more thoroughly recently. A very important new research topic is the occurrence of toxic diatoms, particularly along the coasts of North America. These proceedings are intended to be a balanced view of such modern developments in diatom research. They should also be of interest to non-specialists in diatoms, who can use the results of diatom research as a tool in a more general taxonomic, ecological and geological context.
Download or read book Energy Research Abstracts written by and published by . This book was released on 1989 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Library of Medicine Current Catalog written by National Library of Medicine (U.S.) and published by . This book was released on with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notes written by Canadian Mathematical Society and published by . This book was released on 1990 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coastal Zone Management Conference written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Oceanography and published by . This book was released on 1969 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
