The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought.
This collection of essays brings together Zygmunt Bauman and a number of internationally distinguished legal scholars who examine the influence of Bauman's recent works on social theory of law and socio-legal studies.
One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of "e;efficacy"e; can be found.
How the science of unselfish behavior can promote law, order, and prosperityContemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards.
In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself.
Deterrence is a theory which claims that punishment is justified through preventing future crimes, and is one of the oldest and most powerful theories about punishment.
Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions.
This book presents an in-depth exploration of the intricate negotiations of married Muslim women within Cape Town's Muslim communities, navigating the complexities of legal pluralism governed by Muslim Personal Law (MPL).
"Ich bitte euch, diese Gesetze zu befolgen, auch wenn sie nicht für euch gemacht worden sind, denn nur so besteht eine Chance, die ärmeren Klassen zu kontrollieren und zu überwachen" (Foucault, Die Wahrheit und die juristischen Formen).
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review - and thus the 'law' as such - and the level of Rule-of-law in a given state.
There is no universally accepted definition of moral damages, but the concept is usually understood in the context of torts that cause psychological harm to a person or a person's rights that are difficult to quantify.
Dieses Buch untersucht die philosophischen Grundlagen und die geschichtliche Entwicklung des common concern of humankind-Begriffs und seine Rechtswirkungen im Völkerrecht.
Few criminologists have drawn attention to the fact that widespread and significant forms of harm such as green or environmental crimes are neglected by criminology.
Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina.
Analysing the most important concepts and problems of the philosophy of polar law, this book focuses on the legal regimes relating to both the Arctic and Antarctic.
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak.
This book explores the historical foundations of holding public authorities accountable for their acts, and discusses how and why the idea that the state should or should not be held liable became established in three significant jurisdictions.
This book discusses the impact of war on the complex interactions between various actors involved in justice: individuals and social groups on the one hand and 'the justice system' (police, judiciary and professionals working in the prison service) on the other.
Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society.
This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas.
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context.
