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.
More and more transactions, whether in business or related to leisure activities, are mediated automatically by computers and computer networks, and this trend is having a significant impact on the conception and design of new computer applications.
This book explains strategies, techniques, legal issues and the relationships between digital resistance activities, information warfare actions, liberation technology and human rights.
The metaphor of the monster or predator-usually a sexual predator, drug dealer in areas frequented by children, or psychopathic murderer-is a powerful framing device in public discourse about how the criminal justice system should respond to serious violent crimes.
Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960's.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography.
This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence.
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University.
The book investigates the role of law and legal experts in the organisational dynamics of a population, demonstrating that law is a stable practice among those who (in virtue of the special knowledge they master) are called upon to select the 'normative facts' of a population, i.
Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights.
Although Europe has a significant legal data protection framework, built up around EU Directive 95/46/EC and the Charter of Fundamental Rights, the question of whether data protection and its legal framework are 'in good health' is increasingly being posed.
The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world.
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century.
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century.
Enabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed.
