Methods, theory and philosophy of law

The theory in the book is based on the latest research in argumentation theory, and especially on new applications of artificial intelligence (AI) to legal argumentation.

This book introduces the thought of Giambattista Vico (1668-1744) into the discussion about natural law.

Glen Newey argues that toleration is not just desirable but, given the nature of politics, inescapable.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights.

One of the main goals of this book is to determine if, in the works of some of the key authors in the history of Italian political philosophy, a notion of "e;efficacy"e; can be found.

This book does not present a single philosophical approach to taxation and ethics, but instead demonstrates the divergence in opinions and approaches using a framework consisting of three broad categories: tax policy and design of tax law; ethical standards for tax advisors and taxpayers; and tax law enforcement.

Im Zusammenhang mit der Rechtsprechung zur Urheberrechtsfähigkeit einer Tatsachenzusammenstellung werden in diesem Buch die Fußspuren des in einer Entscheidung des Obersten Gerichtshofs der USA (Feist) vorgesehenen Standards in Europa ausfindig gemacht.

An agenda-setting multidisciplinary and interdisciplinary analysis of the complex phenomenon of responsibility in negligence.

This book is a wide-ranging synthesis of market developments in body tissue.

In this two-volume set, Larry D.

The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a 'dialogical encounter with an Indigenous jurisprudence' in which individuals are characterised by their rights and responsibilities into the Land.

The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA.

Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

This volume closely examines a single canonical article and how it continues to shape the future of sociolegal studies.

In the essays that follow, Fred Berger argues for freedom of expression, civil disobedience, affirmative action and what he calls liberal judicial activism and against sex-role stereotyping, paternalism and the censorship of pornography.

This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law.

We often talk about groups believing, knowing, and testifying.

In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral.

Edmund Husserl's ideas, informed by Kant's Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity.

Bringing together the current international body of knowledge on key issues for educating for well-being in law, this book offers comparative perspectives across jurisdictions, and utilises a range of theoretical lenses (including socio-legal, psychological and ethical theories) in analysing well-being and legal education in law.

En la mayoria de los sistemas juridicos contemporaneos, la relacion de causalidad cumple una funcion central en los juicios de atribucion de responsabilidad.

Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong.

This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences.

Die Prozessordnungen des europäischen Kontinents wurzeln sämtlich im Prozessrecht des Mittelalters, wie es seit dem 12.

Legal theorists consider their discipline as an objective endeavour in line with other fields of science.

In early Upper Canada the attorney general was little more than a skilled functionary -- the Crown's chief legal counsel; by the mid-nineteenth century he had become a leading member of cabinet and generally premier.

Rule-applying legal arguments are traditionally treated as a kind of syllogism.

This book explores how the notion of human identity informs the ethical goal of justice in human rights.

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity.

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state.

This book is the first to approach Jacques Ranciere's work from a legal perspective.

War remains a grim fixture of the human landscape, and because of its tremendous and ongoing impact on the lives of millions of people, has always attracted the attention of careful, rigorous, and empathetic moral philosophers.

Hate Speech and Human Rights.

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.

Hans-Georg Gadamer's philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes.

Sir Frederick Pollock wrote that 'English-speaking lawyers .

This book offers a phenomenological perspective on the criminal law debate on robots.

We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt.

This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out.

This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context.

This is a book on "e;equity in the civil law tradition"e; from the double perspective of legal history and comparative law.

This book argues for the abolition of the employment system in favor of workplace democracy and thus escapes the usual capitalism-versus-socialism binary choice by reframing the basic issue as the employment contract, not private property or a market economy.

THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law.

First published in 1991, this book - through the examination of ancient Greek literary, philosophical and legal texts - analyses how the Athenian torture of slaves emerged from and reinforced the concept of truth as something hidden in the human body.

Modern jurisprudence embodies two distinct traditions of thought about the nature of law.

This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest.

Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication.

Whistleblowing is the public disclosure of information with the purpose of revealing wrongdoings and abuses of power that harm the public interest.

Grégoire C.