Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of the rise of Trump's populist support in 2016, and his failed efforts to nullify the result of the 2020 election.
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt's institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s.
The concept of religious freedom is the favoured modern human rights concept, with which the modern world hopes to tackle the phenomenon of religious pluralism, as our modern existence in an electronically shrinking globe comes to be increasingly characterised by this phenomenon.
The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law.
In the context of the technological disruption of law and, in particular, the prospect of governance by machines, this book reconsiders the demand that we should respect the law, simply because it is the law.
The first known abolitionist critique of the death penalty-here for the first time in EnglishIn 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments.
This book considers the ways in which the concept of the Rule of Law will need to evolve in order to ensure that the exercise of power by Artificial Intelligence (AI) does not become arbitrary and does not proceed unchecked.
Taken together, the articles collected in this volume offer readers a reliable, illuminating, up-to-date and comprehensive introduction to both the political philosophy of John Rawls and the most significant of the scholarly debates it has generated and is likely to generate in coming years.
Der im Gesamtzusammenhang des Pentateuchs hervorstechende gottesrechtliche Zuschnitt alttestamentlichen Rechts bildet keineswegs die einzige prägende Begründung der Gesetze.
This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better.
Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime.
"En el desarrollo de la democracia inevitablemente surgen dilemas constitucionales acerca de quién debe tener la última palabra institucional en el proceso político de toma de decisiones, y de acuerdo con qué criterios.
The Routledge Handbook of the Philosophy of Friendship is a superb compilation of chapters that explore the history, major topics, and controversies in philosophical work on friendship.
In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings.
This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system.
Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability.
Dieses Buch fragt danach, wie Recht und Rechtsprechung, Staats- und Rechtstheorie sowie moderne Verhaltensökonomie die Rationalität und den Egoismus des Menschen begreifen und wie dies die Wahl staatlicher Steuerungsinstrumente beeinflusst.
The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation.
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.
This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the 'deep state' with intellectual and doctrinal coherence.
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.
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.
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning.
An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.
This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America.
With the media spotlight on the recent developments concerning the Supreme Court, more and more people have become increasingly interested in the highest court in the land.
Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession.
As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life.
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war-a connection that has long vexed the jurisprudential imagination.
