Methods, theory and philosophy of law

In this two-volume set, Larry D.

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently.

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization.

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law.

This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century.

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal?

This book argues that human rights cannot go global without going local.

This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations.

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic "e;Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age"e;.

This book argues that in the digital era, a reinvention of democracy is urgently necessary.

This book explores the interrelation of facts and norms.

This book discusses the question of whether legal interpretation is a scientific activity.

This book centers on a relatively neglected theme in the scholarly literature on Hannah Arendt's political thought: her support for a new form of government in which citizen councils would replace contemporary representative democracy and allow citizens to participate directly in decision-making in the public sphere.

This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies.

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception.

This book addresses current practices in customary law.

This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law.

This book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary (with approaches from jurists, philosophers, musicologist, historians) resource on the subject.

In this monograph a fundamental distinction is made between law and juridical thinking.

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea.

This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community).

This book offers an introduction to the language of law from the perspective of logical semantics.

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives.

This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim.

This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents.

This book approaches education as a vital human good, both because it fosters the development of intellectual, moral and civic virtues, and because it promotes the development of valuable skills for work and for life.

This book focuses on Jurgen Habermas' theorising on law, rights and democracy in light of the modern critique of law.

The book is dedicated to the theoretical problems concerning ratio legis.

This book provides a comprehensive introduction to global legal thought.

This book reflects on the research and career of political theorist Russell Hardin from scholars of Political Science, Philosophy, Sociology, Economics, and Law, among other disciplines.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history.

The book focuses on Robert Alexy's theory of constitutional rights.

No social life is possible without order.

This book uses the structure of Machiavelli's The Prince to show how governance has changed over the last 500 years.

This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time.

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria.

The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies.

This book offers a comprehensive investigation of privacy in the modern world.

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes.

This book presents Ibn Khaldun's anticipatory sociology of civilisations and power.

This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence.

This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives.

High levels of police corruption have been a persistent historical tendency in police services throughout the world.

This book addresses the technological evolution of modern warfare due to unmanned systems and the growing capacity for cyberwarfare.

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime.

This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups.

This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making.

This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better.

This book presents a thorough and critical evaluation of the monetary and financial system prevalent in Western economies.

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.