While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law.
This series will include monographs and collections of studies devoted to the investigation and exploration of knowledge, information, and data-processing systems of all kinds, no matter whether human, (other) animal, or machine.
Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory.
In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority.
The idea of compiling a bibliography of legal Festschriften originated with Lilly Roberts, and represented the most important creative side of her life during the last ten years of her association with the Universi- ty of Michigan Law Library.
In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest.
GEORG WILHELM FRIEDRICH HEGEL (1770-1831) THE PLACE OF HEGEL IN THE HIS TOR Y OF PHILOSOPHY In order to gain a proper perspective of Hegel's place in the history of philo- sophy, it might be useful to focus on one key concept which has evolved significantly in meaning, from the time of Aristotle to Hegel.
The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems.
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws.
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 book is the culmination of over 15 years of research on terrorism, secession, and related concepts such as the obligation to obey the law, pacifism, civil disobedience, non-violent direct action, political violence, revolution, and assassination.
Soviet Russia will conquer all the millions of problems that stand in its way, on one condition: as long as the cause of the political education of the broad masses of the people continually advances.
Most of the papers in this collection are contributions to action theory intended to be of some relevance to one or another concern of decision theory, particularly to its application to concrete human behavior.
Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief philosophical career exemplifies all the virtues of Husserl's Logical Investigations.
Unlike many major figures in Western intellectual history, Hobbes has refused to become dated and quietly take his appointed place in the museum of historical scholarship.
Value change and uncertainty about the validity of traditional moral convictions are frequently observed when scientific re- search confronts us with new moral problems or challenges the moral responsibility of the scientist.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights.
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law.
This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection.
The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment.
This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries.
This volume explores the opportunities and challenges facing the accounting profession in an increasingly globalized business and financial reporting environment.
This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts.
The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law.
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience.
Spheres of Global Justice analyzes six of the most important and controversial spheres of global justice, each concerning a specific global social good.
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so.
