This book offers a series of original essays by an international group of scholars whose work looks comparatively at law's attempts to deal with the past.
The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion.
Nicola Lacey's book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered.
This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law.
The unifying idea behind the essays in this volume is that,although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study.
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process.
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology.
In almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers.
The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union.
The place of utility as a critical theory of human existence has been largely discredited and its potential undermined in the course of modern debates in ethical,political and legal theory.
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance.
The essays in this volume,written by eight of the world's leading legal theorists and philosophers, began life as papers presented at seminars (held in Canberra and New York) devoted to the ideas of Tony Honor , who is one of the most important legal thinkers of his generation.
Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart.
The reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism.
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 challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules.
As in a number of France s major cities, civil war erupted in Lyon in the summer of 1793, ultimately leading to a siege of the city and a wave of mass executions.
Studies in Law, Politics, andSociety provides a vehicle for the publication of scholarly articles within thebroad parameters of interdisciplinary legal scholarship.
Studies in Law, Politics, andSociety provides a vehicle for the publication of scholarly articles within thebroad parameters of interdisciplinary legal scholarship.
This special issue of Studiesin Law, Politics, and Society aims to foster a dialogue that is inclusive,constructive, and innovative in order to lay the basis for evaluating theusefulness and impact of cultural expertise in modern litigation.
This special issue of Studiesin Law, Politics, and Society aims to foster a dialogue that is inclusive,constructive, and innovative in order to lay the basis for evaluating theusefulness and impact of cultural expertise in modern litigation.
Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship.
Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship.
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it.
This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it.
