Methods, theory and philosophy of law

This book explores critical questions pertaining to the character and content of the "e;American People"e; as posited in the US Supreme Court's interpretation of the fundamental law.

Examines the interdisciplinary development of law and religion, with a particular focus on Professor Norman Doe''s pioneering role.

As individuals travel across borders, societies have become more and more pluralistic.

Within liberal multicultural societies, the right of exit has assumed prominent position in the negotiations between the basic rights of individuals and the rights of cultural or religious groups to govern their internal affairs.

Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making.

This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law.

This book considers the manner in which the making and implementation of law and governance is changing in the global context.

Deagon addresses the need for a robust theoretical foundation for religious freedom that accounts for its transcendent nature.

This close reading of Thomas Aquinas explores the relevance of the Divine Law to the modern world.

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take.

Elaborates and illustrates a radical version of political and social liberalism rooted in a rich understanding of fulfilment and flourishing.

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly.

Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law.

This book offers a comprehensive investigation of privacy in the modern world.

The revised edition of The Ontological Foundation of Ethics, Politics, and Law adds new concepts and discusses the views of additional thinkers.

This book explores how neoliberal consumer capitalist ideals of meritocracy, competitive individualism, and responsibilisation have shaped trans people's subjectivity and lived experiences of harm.

Althusser and Law is the first book specifically dedicated to the place of law in Louis Althusser's philosophy.

This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples.

Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women.

This book addresses the discursive importance of the prosecution's opening statement before an international criminal tribunal.

This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law.

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.

Bringing together leading scholars in the fields of criminology, international law, philosophy and architectural history and theory, this book examines the interrelationships between architecture and justice, highlighting the provocative and curiously ambiguous juncture between the two.

How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe?

This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally.

Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought.

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.

El volumen recoge una serie de ensayos alrededor de la cuestión de los desacuerdos jurídicos.

The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law.

Anyone reflecting on the methodology of legal reasoning faces a difficult task.

Lawfare is a complex and evolving concept with many permutations.

Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law.

This book is an investigation into Carl Schmitt's critical thinking regarding the alleged deficiencies he identified in modern liberalism.

The rule of law is sometimes expressed as 'no person is above the law'.

This unique and timely book offers a synthesis, analysis, and evaluation of education-related rulings of the US Supreme Court from 2005 to the present.

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century.

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas.

This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples.

This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment.

This book explores the unusual and unique experience of direct democracy in the small state of New Zealand, where referendums have been a persistent feature of the political landscape for over a century.

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies.

This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups.

The new world created through Anglophone emigration in the 19th century has been much studied.

Written by one of the foremost Italian philosophers of the 20th century, Emanuele Severino's Law and Chance (Legge e Caso) explores the metaphysical categories that underpin the theoretical and practical domination of contemporary science.

Interactions between state, international, transnational, and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority.