A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court''s categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.
Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts.
Following the 100th anniversary of Pashukanis' General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form.
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy.
Ziel des Buches ist es, das neue Phänomen der "Ethisierung des Rechts" interdisziplinär zu erfassen und damit das grundsätzliche Verhältnis von Ethik und Recht neu zu bestimmen.
Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work on a set of connected themes, investigating such questions as: What does it mean to be an agent?
Among several contesting views about the purpose of development and how progress should be evaluated, human rights and capabilities (or human development) stand out as two approaches that are concerned first and foremost with the well-being of individuals, their freedom, dignity and empowerment.
This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure.
The ontology of work and the economics of value underpin the legal institution, with the existence of modern law predicated upon the subject as labourer.
Analysing international law through the prism of "e;cynicism"e; makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis.
This book considers how, during the unprecedented global lockdown due to the Covid-19 pandemic, the normal order of everyday life, of the rule of law, of power itself was interrupted, and hence the nomos of this earth was suspended.
This volume offers a unique reflection on the historic and contemporary influence of the New Approaches to International Law (NAIL) movement within the context of Europe and America.
Regulating the End of Life: Death Rights is a collection of cutting-edge chapters on assisted dying and euthanasia, written by leading authors in the field.
Combining philosophical and historical perspectives, this book focuses on the rise of a legal institution that has dominated the economy of knowledge ever since it burst onto the scene at the dawn of modernity in the heartlands of Europe.
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 provides an in-depth guide to researchers and practitioners who are interested in analysing the evolution of EU law from a national and comparative constitutional law perspective.
Das vierbändige „Handbuch zur Geschichte der Konfliktlösung in Europa“ beschäftigt sich mit rechtlichen und außerrechtlichen Wegen der Entscheidung von Konflikten zwischen einzelnen Menschen sowie zwischen Personen und ihren Obrigkeiten.
Studies in Law, Politics, andSociety provides a vehicle for the publication of scholarly articles within thebroad parameters of interdisciplinary legal scholarship.
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts - and described as a crucial right in American, European, and International Law, and in that of other jurisdictions.
We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations.
This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright.
Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology.
Drawing on philosophy, history, and critical theory, Unconditional Life introduces a new perspective on the significance of post-war international law developments.