The question of autonomy is fundamental to understanding some of the most important questions and debates in contemporary political and moral life, from freedom of the individual, free will and decision-making to controversies surrounding medical ethics, human rights and the justifications for state intervention.
En la doctrina jurídica actual predomina la idea de que entre los derechos fundamentales surgen continuamente conflictos que se deben decidir mediante la ponderación, y en especial a través de la aplicación del test de proporcionalidad.
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy.
This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations.
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life.
This book is composed of five chapters, each containing a series of cases which courts have disposed of according to a particular jurisprudential insight, followed by a series of readings which present the same insight from a more abstract and general point of view.
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature.
With increasingly divergent views and commitments, and an all-or-nothing mindset in political life, it can seem hard to sustain the level of trust in other members of our society necessary to ensure our most basic institutions work.
Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law.
This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law').
This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected.
On the eight-hundredth anniversary of the Magna Carta, Women and the Magna Carta investigates what the charter meant for women's rights and freedoms from an historical and legal perspective.
Esta obra presenta de manera clara y accesible los conceptos fundamentales del analisis economico del derecho, abordando su evolucion desde los origenes hasta su impacto en el razonamiento juridico actual.
Positive Rights in a Republic of Talk will appeal to philosophers and social scientists interested in issues of rights and social justice, and to graduate students and journalists seeking a critical survey of the field.
This collection examines theoretical and practical issues concerning the relationship between freedom of religion or belief and other fundamental rights, in the context of secular States, from the perspective of human dignity.
This book contains the first English translations of Santi Romano's important essays, 'On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria' (1909) and 'The Modern State and its Crisis' (1910).
There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display the vices of dishonesty and deviousness.
The contributions in this volume pay homage to Zenon BaA kowski, with a focus on problems concerning law's normalization and the revitalizing force of anxiety.
