This book aims to identify the sociological reasons that resulted in the perceived lack of authority of precedents in civil law systems, starting from the premise that common law systems rely on precedents, while civil law systems do not.
Extending law beyond the human, the book probes the conceptual openings, methodological challenges and ethical conundrums of law in a time of deep socio-ecological disturbances and transitions.
This book addresses one of the most urgent issues in contemporary American law-namely, the logic and limits of extending free exercise rights to corporate entities.
Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem.
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.
This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors.
This collection of essays offers thoughtful discussions of major challenges confronting the theory and practice of citizenship in a globalized, socially fragmented, and multicultural world.
This book's basic hypothesis - which it proposes to test with a cognitive-sociological approach - is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural.
This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges.
This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level.
This book investigates the legal evolution of the "e;free soil principle"e; in England, France and the Low Countries during the Early Modern period (ca.
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice.
This book examines how the nation - and its (fundamental) law - are 'sensed' by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy.
The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years.
This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field.
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.
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.
This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suarez and by the Dutch jurist Hugo Grotius.
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law.
The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR).
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China.
In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice.
Bringing together scholars from a broad range of theoretical perspectives, The Language of Argumentation offers a unique overview of research at the crossroads of linguistics and theories of argumentation.
This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system.
This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes.
This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education.
