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Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0198796269
Category : Law
Languages : en
Pages : 417
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Book Description
In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.
Author: Paul Gragl
Publisher: Oxford University Press
ISBN: 0198796269
Category : Law
Languages : en
Pages : 417
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Book Description
In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.
Author: P. Goff
Publisher: Palgrave Macmillan
ISBN: 9780230279483
Category : Philosophy
Languages : en
Pages : 0
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Book Description
Spinoza believed that there was only one substance in reality, which he called 'God or nature'. A number of leading contemporary philosophers have defended monism, this strange and beautiful idea that the cosmos is the source of all being. This book explores both the historical roots of the monism in Spinoza, and its flowering in the 21st century.
Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Category : Law
Languages : en
Pages : 275
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Book Description
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.
Author: Duncan B. Hollis
Publisher:
ISBN: 019884834X
Category : Law
Languages : en
Pages : 897
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Book Description
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Enzo Cannizzaro
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188576
Category : Law
Languages : en
Pages : 429
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Book Description
With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.
Author: Christoph Kletzer
Publisher: Bloomsbury Publishing
ISBN: 1509913459
Category : Law
Languages : en
Pages : 157
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Book Description
Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
Author: Mónica García-Salmones Rovira
Publisher: Oxford University Press, USA
ISBN: 0199685207
Category : History
Languages : en
Pages : 449
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Book Description
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: Erik C. Banks
Publisher: Cambridge University Press
ISBN: 9781107423763
Category : Science
Languages : en
Pages : 0
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Book Description
In the early twentieth century, Ernst Mach, William James, and Bertrand Russell founded a philosophical and scientific movement known as 'neutral monism', based on the view that minds and physical objects are constructed out of elements or events which are neither mental nor physical, but neutral between the two. This movement offers a unified scientific outlook which includes sensations in human experience and events in the world of physics under one roof. In this book Erik C. Banks discusses this important movement as a whole for the first time. He explores the ways in which the three philosophers can be connected, and applies their ideas to contemporary problems in the philosophy of mind and the philosophy of science - in particular the relation of sensations to brain processes, and the problem of constructing extended bodies in space and time from particular events and causal relations.
Author: Alexander Aleksandrovich Bogdanov
Publisher: BRILL
ISBN: 9004300325
Category : Political Science
Languages : en
Pages : 491
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Book Description
Empiriomonism is Alexander Bogdanov’s scientific-philosophical substantiation of Marxism. In Books One and Two, he combines Ernst Mach’s and Richard Avenarius’s neutral monist philosophy with the theory of psychophysical parallelism and systematically demonstrates that human psyches are thoroughly natural and are subject to nature’s laws. In Book Three, Bogdanov argues that empiriomonism is superior to G. V. Plekhanov’s outdated materialism and shows how the principles of empiriomonism solve the basic problem of historical materialism: how a society’s material base causally determines its ways of thinking. Bogdanov concludes that empiriomonism is of the same order as materialist systems, and, since it is the ideology of the productive forces of society, it is a Marxist philosophy.
