Methods, theory and philosophy of law

This book uses role theory to analyze the judicial decisions made by state supreme court judges.

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

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

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen.

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 features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection.

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

This collection of essays offers thoughtful discussions of major challenges confronting the theory and practice of citizenship in a globalized, socially fragmented, and multicultural world.

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally.

In this book I argue for an approach that conceives human rights as both moral and legal rights.

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations.

This book traces the development of Oman's inclusive agreements and highlights their importance for international negotiations, dealing with issues most relevant to humanity's own survival today, nuclear weapons or climate change.

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

This volume is a new chapter in the future history of law.

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture.

This book presents 12 essays that focus on the analysis of the problems prompted by cyber operations (COs).

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 volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law.

This book clarifies the meaning of the most important and pervasive concepts and tools in bioethical argumentation (principles, values, dignity, rights, duties, deliberation, prudence) and assesses the methodological suitability of the main methods for clinical decision-making and argumentation.

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages.

This book discusses the legal thought of Bronislaw Malinowski (1884-1942), undoubtedly one of the titans of social sciences who greatly influenced not only the shape of modern cultural anthropology but also the social sciences as a whole.

This volume features more than 25 papers that were presented at the 2014 Conference of the International Association for the Study of Controversies, IASC, held at the University of Salento, Lecce, Italy.

This volume illustrates to the public, and legal experts, the basic principles of the field of neuroscience, that commonly goes under the name of Neurolaw.

This book argues that critics of consequentialism have not been able to make a successful and comprehensive case against all versions of consequentialism because they have been using the wrong methodology.

This book is about power and freedoms in our technological world and has two main objectives.

This book aims to find a workable interpretation of the non-appropriation principle that is compatible with both the existing international space law framework and the move of the private space industry towards the mining of asteroids and other celestial bodies.

This book examines the role of the EU in ensuring privacy and data protection on the internet.

This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives.

This book throws new light on the way in which the Internet impacts on democracy.

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture.

Instead of the usualapologetic treatment found in legal doctrine, linked to the determinacy,immutability or predictability of norms, this book treats legal certaintyinnovatively, holistically and in depth.

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand.

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court's approach to rational lawmaking.

This volume explores the reasons for Hans Kelsen'slack of influence in the United States and proposes ways in which Kelsen sapproach to law, philosophy, and political, democratic, and internationalrelations theory could be relevant to current debates within the U.

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states.

This volume is devoted to exploring a subject which,on the surface, might appear to be just a trending topic.

This work explains the nature of constitutional rights.

Thisvolume presents a Type Theory of Law (TTL), claiming that this is a uniquetheory of law that stems from the philosophical understanding of Jung spsychological types applied to the phenomenon of law.

This volume highlights important aspects of the complex relationship between common language and legal practice.

This volume critically discusses therelationship between democracy and constitutionalism.

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology.

This book develops an original and comprehensive theory ofpolitical liberalism.

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

This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union.

This volume features fourteen essays that examine the works of key figures within the phenomenological movement in a clear and accessible way.

The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law.

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review - and thus the 'law' as such - and the level of Rule-of-law in a given state.

This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities.