Methods, theory and philosophy of law

This volume presents a new approach to today's tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants.

The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law.

This title was first published in 2003.

What sort of methods are best suited to understanding constitutional doctrines and practices?

Philosophical aspects of law and jurisprudence are investigated from various points of view.

As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated.

This book presents new perspectives on gender-based violence (GBV) in South Africa.

Religious freedom is now widely accepted as fundamental to any liberal democracy.

Much socio-legal scholarship assumes that even if experiences of law and time differ, people and laws exist within an overarching, shared timeframe.

The capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum.

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines.

Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition - these concepts point to ways in which we understand human beings to be violated in their dignity.

Walton provides an introduction to argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony.

This book tackles questions related to democracy, populism and truth, with results that are sure to inform pressing academic and popular debates.

This book argues that ignorance of law should usually be a complete excuse from criminal liability.

This book addresses the question of how to tackle AI-enabled price discrimination (AIPD), which is commonly used in digital markets and can negatively impact competition and consumers.

This book examines the concept of meaning and ourgeneral understanding of reality in a legal and philosophical context.

Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world.

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices.

The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit.

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime's ability to ensure animal welfare needs are met.

This book examines how Christian love can inform legal thought.

This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.

An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights.

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right.

I Was Wrong asks philosophical questions regarding the moral meaning of apologies.

Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises.

This book is a defense of political liberalism as a feminist liberalism.

This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies.

In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict.

David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist.

Glen Newey argues that toleration is not just desirable but, given the nature of politics, inescapable.

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties.

This book presents a unique collection of the most relevant perspectives in contemporary human rights philosophy.

This book is an antecedent study on the task facing China's legal science, more strictly speaking - China's legal philosophy, in post-Cold War world structure.

The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience.

How does the state, as a public authority, relate to those under its jurisdiction through the criminal law?

This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America.

Hegels »Grundlinien der Philosophie des Rechts« zählen zu den klassischen und wirkungsmächtigsten Werken der neuzeitlichen Rechts- und Staatsphilosophie.

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel.

Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance.

This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "e;pioneer of legal civilization"e; in China.

This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition.