The Double-Facing Constitution PDF Download
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Author: Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 1108485480
Category : Law
Languages : en
Pages : 443
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Book Description
Explores how constitutional orders engage with and are shaped by their exteriors.
Author: Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 1108485480
Category : Law
Languages : en
Pages : 443
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Book Description
Explores how constitutional orders engage with and are shaped by their exteriors.
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1316518051
Category : History
Languages : en
Pages : 491
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Book Description
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1108943918
Category : Law
Languages : en
Pages : 417
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Book Description
Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.
Author: Aust, Helmut P.
Publisher: Edward Elgar Publishing
ISBN: 1788973283
Category : Law
Languages : en
Pages : 501
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Book Description
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.
Author: Dimitrios Kyritsis
Publisher: Bloomsbury Publishing
ISBN: 1509933867
Category : Law
Languages : en
Pages : 447
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Book Description
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Author: Massimo Fichera
Publisher: Edward Elgar Publishing
ISBN: 1789909007
Category : Law
Languages : en
Pages : 181
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Book Description
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1009058851
Category : Law
Languages : en
Pages : 491
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Book Description
The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Author: Philipp Berghofer
Publisher: Taylor & Francis
ISBN: 1003824293
Category : Science
Languages : en
Pages : 425
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Book Description
This volume brings together philosophers and physicists to explore the parallels between Quantum Bayesianism, or QBism, and the phenomenological tradition. It is the first book exclusively devoted to phenomenology and quantum mechanics. By emphasizing the role of the subject’s experiences and expectations, and by explicitly rejecting the idea that the notion of physical reality could ever be reduced to a purely third-personal perspective, QBism exhibits several interesting parallels with phenomenology. The central message of QBism is that quantum probabilities must be interpreted as the experiencing agent’s personal Bayesian degrees of belief—degrees of belief for the consequences of their actions on a quantum system. The chapters in this volume elaborate whether and specify how phenomenology could serve as the philosophical foundation of QBism. This objective is pursued from the perspective of QBists engaging with phenomenology as well as the perspective of phenomenologists engaging with QBism. These approaches enable us to realize a better understanding of quantum mechanics and the world we live in, achieve a better understanding of QBsim, and introduce the phenomenological foundations of quantum mechanics. Phenomenology and QBism is an essential resource for researchers and graduate students working in philosophy of physics, philosophy of science, quantum mechanics, and phenomenology.
Author: Saïd Amir Arjomand
Publisher: State University of New York Press
ISBN: 1438445989
Category : Political Science
Languages : en
Pages : 346
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Book Description
In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011
