Methods, theory and philosophy of law

This book questions punishment as concept, social phenomenon and contemporary practice.

This title was first published in 2003.

Language policies are increasingly acknowledged as being a necessary component of many decisions taken in the areas of the labor market, education, minority languages, mobility, and social inclusion of migrants.

Despite considerable work the answer to basic questions such as 'what are our ethics and our moral norms now?

The essays in this volume set out to provide a rational framework for legislation.

This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies.

Aufgrund einer formalen Konzeption der Autonomie werden Strukturen und objektiv gültige Kerngehalte von Menschenrechten herausgearbeitet.

Addressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials.

The first book length study of property-owning democracy, Republic of Equals argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice.

From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason.

If we are kind people, we care about others, including others who tend to hurt themselves.

An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.

The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent.

The question of autonomy is fundamental to understanding some of the most important questions and debates in contemporary political and moral life, from freedom of the individual, free will and decision-making to controversies surrounding medical ethics, human rights and the justifications for state intervention.

This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes.

This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law.

Esta obra del profesor italiano Pierluigi Chiassoni realiza una detallada exposición y análisis acerca de las diversas teorías que han dibujado el panorama de la filosofía analítica del derecho de nuestros días, a través de seis capítulos que podrían pensarse independientes entre sí pero que en su conjunto aportan una visión histórica, global y evolutiva sobre la materia, repasando a autores de la talla de Jeremy Bentham, Friedrich Karl von Savigny, Bernhard Windscheid y Hans Kelsen.

This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist's role.

The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law.

This handbook explores, contextualises and critiques the relationship between anthropocentrism - the idea that human beings are socially and politically at the centre of the cosmos - and international law.

There has been a rapid increase in the pace and scope of international collaborative research in developing countries in recent years.

Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy.

This title was first published in 2000: This volume of essays explores a number of fundamental constitutional law questions in a variety of historical and jurisdictional contexts.

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction.

This book explores a foundational philosophical tension in contemporary retributivism, revealing ambiguities in its approach to punishment between two conflicting conceptions of restoration: legal justice and ethical love.

This collection of scholarly articles takes as its subject matter discourses on environmental justice.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law.

Ausgehend von Hobbes zeigt der Verfasser auf, daß und weshalb der Rekurs auf den Willen als die rechtserzeugende Instanz die Grundlage der neuzeitlichen Rechtskonzeptionen ist, um dann mit Hegel zu fragen, welche systematischen Anforderungen ein solches neues Rechtsdenken zu bewältigen hat.

This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Austin was an towering presence in 19th-century English jurisprudence, and many of his ideas remain viable today.

How can we live together without subordination and oppression?

This book combines metaphysics, aspects of modern logic, and legal theory in order to conceptualise a wrong in law's claim of right.

The culture of the ius commune has been a unifying element of European and Western legal civilization.

Leibniz is known to the wide public and to many scholars mainly as a logician and mathematician, and as the creator of a fascinating but strange metaphysical system.

The Prophet Muhammad's reported traditions have evolved significantly to affect the social, cultural, and political lives of all Muslims.

Autonomy, viewed as a subject's autonomous designing of her own distinctive 'individuality', is not a constitutive problem for liberal theory.

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals.

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States.

The intercultural contexts and new configurations in Europe offer fertile ground for social conflict, tensions and threat.

This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations.

This book examines the longstanding, yet ambiguous and deeply complex, relationship between law and aesthetics.

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography.

This collection of scholarly articles takes as its subject matter discourses on environmental justice.

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill.

References to hate have become ubiquitous in the modern response to group defamation and violence in liberal democracies.

In this monograph a fundamental distinction is made between law and juridical thinking.

The mismatch between goals and means is a major cause of crisis in labour law.

This is not a conventional biography but an attempt to explore the motives and intentions that underpin Talcott Parsons' published work by exploring the reasoning Parsons shares with his readers in the pages of his many published works and the possible links between Parsons' academic outputs and the social, economic and political situations in which Parsons found himself during the course of his life.