Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it.
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension.
Shakespearean Genealogies of Power proposes a new view on Shakespeare's involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare's theatre opened up a new perspective on normativity.
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.
Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic.
This book explores a foundational philosophical tension in contemporary retributivism, revealing ambiguities in its approach to punishment between two conflicting conceptions of restoration: legal justice and ethical love.
According to the US Constitution, if a bill is not returned to Congress by the president within ten days of receiving it and Congress has adjourned, the bill is effectively vetoed.
This book traces, assesses and compares the history of conscientious objection - in the cultural context of six common law nations - from refusal of military service and a range of similar moral dilemmas, to objecting to abortion, to the current social polarisation surrounding vaccination hesitancy in the COVID-19 pandemic.
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas.
This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence.
The increasing visibility of Islam in France and the vehemence of debates about it have often contributed to narrow public perceptions of secularism to a simplistic antireligious crusade, a misleading image disseminated by the media and politicians alike.
This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward.
Most countries on the African continent have ratified or acceded to several human rights treaties, including the Torture Convention and the African Charter on Human and People's Rights.
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.
This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance.
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study.
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study.
This book examines the historical evolution from marking or branding products for ownership purposes to branding products in order to promote the brand itself.
Tuning into the collective understanding of law as lived experience, Knowing Justice is a timely and distinctive intervention in the field of law and literature.
Este libro ofrece una sugestiva mirada sobre las complejas relaciones entre verdad, proceso y prueba, en la que se entrelazan con acierto las perspectivas histórica, filosófica, dogmática y comparatista.
"El libro presenta un análisis de epistemología jurídica que parte del presupuesto de que la averiguación de la verdad es objetivo fundamental del proceso judicial.
Este libro recoge una serie de estudios que, desde una perspectiva realista, afrontan algunos de los problemas más discutidos en el debate iusteórico contemporáneo.
"Desde que en 1969 David Lewis publicara su influyente obra On Convention, el problema que conlleva el concepto de convención y sus múltiples aplicaciones a los estudios sociales queda planteado en su forma canónica.
A partir de la obra de Giovanni Tarello, y bajo su maestria, se ha conformado en Genova un grupo de investigadores que conto enseguida con el empuje de Silvana Castignone y Riccardo Guastini, y en el que se formaron filosofos del derecho como Mauro Barberis, Paolo Comanducci y Pierluigi Chiassoni, entre otros.
"Los conflictos entre valores son uno de los temas más apasionantes y difíciles de la filosofía moral, en la medida en que su existencia plantea un serio desafío a la coherencia de la ética como sistema normativo.