The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited.
Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms.
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law.
This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity.
The philosophy of Hans Jonas was widely influential in the late twentieth century, warning of the potential dangers of technological progress and its negative effect on humanity and nature.
In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles.
Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation.
Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice.
Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities.
There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal.
Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other.
By integrating different research angles and methods of philosophy of law, sociology of law, applied linguistics, and legal translation, this book presents a groundbreaking approach to the non-standardization phenomenon in Chinese legislative language, unveils the underlying causes and adverse effects thereof, and provides potential principles, strategies, and methods to be followed in the standardization of Chinese legislative language.
This volume illustrates to the public, and legal experts, the basic principles of the field of neuroscience, that commonly goes under the name of Neurolaw.
Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.
It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction.
This book examines how child protection law has been shaped by the transition to late modernity and how it copes with the ever-changing concept of risk.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference.
This introductory book offers a coherent history of twentieth century crime and the law in Britain, with chapters on topics ranging from homicide to racial hate crime, from incest to anarchism, from gangs to the death penalty.
The book examines some of the most important forms of normativity and the relation between facts and values in the context of criminological investigation.
At the same time that the pace of science and technology has greatly accelerated in recent decades, our legal and ethical oversight mechanisms have become bogged down and slower.