In political theory, the traditional model of state power was that elected officials make policy decisions which are then faithfully executed by a lower cadre of public servants.
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists.
This book addresses how the erosion of traditional forms of political association and legal regulation has given rise to a pluralism of "e;imperfect communities"e; constantly exposed to the risk of dissolution.
Die Theorie des Thomas Hobbes hat in der Vergangenheit stark abweichende Deutungen erfahren und Anlass zu zahlreichen lang anhaltenden Debatten geliefert.
During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities.
A century after the publication of Evgeny Pashukanis' pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form.
This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition.
The notion of the posthuman continues to both intrigue and confuse, not least because of the huge number of ideas, theories and figures associated with this term.
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment.
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.
Taking the postcolonial - or, more specifically, the post-apartheid - university as its focus, the book takes the violence and the trauma of the global neoliberal hegemony as its central point of reference.
This book elaborates on deontic logic and network theory to present a reductionist theory of the law, disclosing a simple understanding of legal norms based on minimum necessary and sufficient notions.
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world's legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions.
The analysis of justice between generations proposed in this book is based first of all on a critical reading of Rawls' theory of justice, but it also pays attention to the existential and cultural context of our intuitions about intergenerational equity.
Gerechtigkeit findet nicht nur zwischen Zeitgenossen statt - auch das Handeln früher lebender Menschen kann Ansprüche und Pflichten gegenwärtig und zukünftig lebender Menschen begründen.
This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities.
The Social Contract Rediscovered conducts a critical analysis of the historical evolution of legitimacy, tracing its development from natural law to positive law and finally to post-modern critiques.
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process.
This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field.
Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility.
Following significant changes in the legal profession since the 1980s, how do new organizational forms and actors at the edge of the law impact upon our understanding of the changing nature of the core values of mainstream legal professionalism?
This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward.
Acclaimed as the "e;the most objective prosecutors in the world"e;, the German prosecution service has long attracted the attention in the past of comparative law scholars.
Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life.
Examining the theoretical and empirical status of applied ethics, this volume demonstrates how a pluralistic and democratic society can deal with ethical issues in the light of its moral conscience.
