Originally published in 1989, in this remarkable conjunction of constitutional theory, jurisprudence, literary theory, constitutional law, and political theory, William Conklin first tells us what a constitution is not: it is not a text, nor a compendium of judicial and legislative decisions interpreting a text, nor a set of doctrines, nor moral/political values, nor customs, nor a priori conceptions.
This edited volume analyzes participatory practices in art and cultural heritage in order to determine what can be learned through and from collaboration across disciplinary borders.
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts - and described as a crucial right in American, European, and International Law, and in that of other jurisdictions.
This engaging book examines the origins and first effects of the concept 'legal semiotics', focusing on the inventor of the term, Roberta Kevelson (1931-1998).
This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyas.
This book centres on Samuel Pufendorf's (1632-1694) moral and political philosophy, a subject of recently renewed interest among intellectual historians, philosophers and legal scholars in the English-speaking world.
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 is based on an international project conducted by the Institute for European Studies of the University CEU San Pablo in Madrid and a seminar on Vitoria and International Law which took place on July 2nd 2015 in the convent of San Esteban, the place where Vitoria spent his most productive years as Chair of Theology at the University of Salamanca.
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today.
This timely book offers revealing insights into the changing role of China in world governance as exemplified by the Silk Road Initiative, the People's Republic's first published major initiative for external affairs.
An in-depth look at the consequences of New York City's dramatically expanded policing of low-level offensesFelony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison.
This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law.
This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries).
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars.
This book contributes to and broadens the field of Border Criminology, by bringing together a collection of chapters from leading scholars engaged in cross-national and comparative conversations on bordered penality and crimmigration practices, with a specific focus on research conducted in places that may be considered peripheral and semi-peripheral jurisdictions.
Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention.
Following a dialogic and interdisciplinary approach, this book highlights changes in the concept and action of disobedience, presenting a theoretical framework and applied case studies.
This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place.
This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China's administrative law in addressing climate change.
This book deals with the concept of post-Islamism from a mainly philosophical perspective, using political liberalism as elaborated by John Rawls as the key interpretive tool.
This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North - Canada, Australia, and the United Kingdom - have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent.
This book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North - Canada, Australia, and the United Kingdom - have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent.
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 considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime's ability to ensure animal welfare needs are met.
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature.
Disagreement is one of the deepest and most pervasive topics in philosophy; arguably its very bedrock, and is an ever-increasing feature of politics, ethics, public policy, science and many other areas.
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.
Corporate Ethics and the Architecture of Asylum engages innovative perspectives to understand our contemporary crisis of forced displacement and detention practices in the Pacific.
This book examines the historical evolution from marking or branding products for ownership purposes to branding products in order to promote the brand itself.
This book argues that omitting the component of narrative creates an irresolvable antinomy concerning the identity of the subject: between the subject and identical copies of itself in different situations, or between it and the identical subject as a substantial illusion, the elimination of which reveals the pure multitude of desires, emotions, and perceptions.
The academic disciplines of law and sociocultural anthropology have a long but at times contentious history of drawing on each other in order to study and understand law and human experience in its diverse manifestations.
Cualquiera de los aspectos abordados por la LO 1/2015, de 30 de marzo, de reforma del Código Penal, es más que idóneo para reflexionar sobre los fundamentos y la justificación de un Derecho penal que empieza a dejar de serlo.