The Decline of Private Law

The Decline of Private Law PDF Author: Gonçalo de Almeida Ribeiro
Publisher: Bloomsbury Publishing
ISBN: 1509907920
Category : Law
Languages : en
Pages : 320

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Book Description
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

The Confluence of Public and Private International Law

The Confluence of Public and Private International Law PDF Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 0521515416
Category : Law
Languages : en
Pages : 421

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Book Description
An analysis of the relationship between private international law, examined from an international systemic perspective, and public international law.

Law

Law PDF Author: Enrique Villanueva
Publisher: Rodopi
ISBN: 9042023759
Category : Law
Languages : en
Pages : 307

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Book Description
Interpretivist theories of law / Nicos Stavropoulos -- How facts make law / Mark Greenberg -- On the normative significance of brute facts / Ram Neta -- On practices and the law / Mark Greenberg -- Supervenience, value, and legal content / Enrique Villanueva -- Reasons without values? / Mark Greenberg -- Theory, practice and ubiquitous interpretation : the basics / Martin Stone -- Law as a reflective practice / Scott Hershovitz -- On reflective practices and 'substituting for God' / Martin Stone -- Metasemantics and objectivity / Ori Simchen -- Can objectivity be grounded in semantics? / Michael S. Moore -- A hybrid theory of claim-rights / Gopal Sreenivasan -- Is the will theory of rights superseded by the hybrid theory? / Horacio Spector -- In defense of the hybrid theory / Gopal Sreenivasan.

The Law and Politics of International Regime Conflict

The Law and Politics of International Regime Conflict PDF Author: Dirk Pulkowski
Publisher: Oxford University Press, USA
ISBN: 0199689334
Category : Law
Languages : en
Pages : 402

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Book Description
Conflict can occur when a body of law regulating one aspect of international activity does not correspond with the rules of another. This book uses trade in cultural products to illustrate that, rather than being a question of accidental overlap, such conflicts stem from different regimes having fundamentally different goals.

A Companion to Philosophy of Law and Legal Theory

A Companion to Philosophy of Law and Legal Theory PDF Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 1444320122
Category : Law
Languages : en
Pages : 704

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Book Description
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars

Rights: Concepts and Contexts

Rights: Concepts and Contexts PDF Author: Horacio Spector
Publisher: Routledge
ISBN: 135190311X
Category : Political Science
Languages : en
Pages : 604

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Book Description
Rights: Concepts and Contexts contains the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy, including Joseph Raz, Robert Alexy, Jeremy Waldron, Morton Horwitz, Stephen Darwall, Margaret Gilbert, David Lyons, and Aharon Barak. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: what is the nature and grounding of human rights? How should conflicts of rights best be analyzed? Are rights best understood in terms of choice, benefits, or some hybrid of the two? What are the connections between rights and duties, and between rights and justice? The collection also offers useful introductions to emerging issues in rights theory such as the purported bipolarity of rights.

The Limits of Legal Reasoning and the European Court of Justice

The Limits of Legal Reasoning and the European Court of Justice PDF Author: Gerard Conway
Publisher: Cambridge University Press
ISBN: 1107001390
Category : Law
Languages : en
Pages : 347

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Book Description
Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.

Law, Reason and Emotion

Law, Reason and Emotion PDF Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
ISBN: 8595470316
Category : Law
Languages : en
Pages : 1217

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Book Description
Volume II: Special Workshops Initia Via Editora

Arguing About Law

Arguing About Law PDF Author: Aileen Kavanagh
Publisher: Routledge
ISBN: 1135029148
Category : Law
Languages : en
Pages : 630

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Book Description
Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.

The Reception of Positivism in Spain

The Reception of Positivism in Spain PDF Author: José Franco-Chasán
Publisher: Springer Nature
ISBN: 3031464354
Category :
Languages : en
Pages : 233

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Book Description