Vienna Lectures on Legal Philosophy, Volume 1 PDF Download
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Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509921737
Category : Law
Languages : en
Pages : 147
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Book Description
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509921737
Category : Law
Languages : en
Pages : 147
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Book Description
The first volume of the Vienna Lectures on Legal Philosophy illustrates the remarkable scope of contemporary legal philosophy. It introduces methodological questions rooted in national academic discourses, discusses the origin of legal systems, and contrasts constitutionalist and monist approaches to the rule of law with the institutionalist approach most prominently and vigorously defended by Carl Schmitt. The issue at the core of these topics is which of these perspectives is more plausible in an age defined both by a 'postnational constellation' and the re-emergence of nationalist tendencies; an age in which the law increasingly cancels out borders only to see new frontiers erected.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509969853
Category : Philosophy
Languages : en
Pages : 300
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Book Description
The third volume of the Vienna Lectures on Legal Philosophy series focuses on one of the most fiercely contested issues in contemporary legal philosophy: the question of the importance of legal reasoning and how to properly engage with it. This book considers legal reasoning from two different angles: it revolves, on the one hand, around debates concerning interpretation and balancing, but it also asks, on the other, whom we ought to entrust with decision-making based on legal reasoning and how this relates to the very concept of law. The book approaches these underlying problems from a variety of perspectives and against the backdrop of different academic traditions, showcasing the rich landscape of critical debates around contemporary legal reasoning.
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509935916
Category : Law
Languages : en
Pages : 419
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Book Description
This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.
Author: Alexander Somek
Publisher: Bloomsbury Publishing
ISBN: 1509951318
Category : Law
Languages : en
Pages : 192
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Book Description
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Author: Paul Kelly
Publisher: LSE Press
ISBN: 1909890731
Category : Political Science
Languages : en
Pages : 472
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Book Description
Violence and war were ubiquitous features of politics long before the emergence of the modern state system. Since the late 18th century major revolutions across the world have further challenged the idea of the state as a final arbiter of international order. This book discusses ten major thinkers who have questioned and re-shaped how we think about politics, violence and relations between states – Thucydides, Augustine, Machiavelli, Hobbes, Locke, Rousseau, Clausewitz, Lenin and Mao, and Schmitt. Conflict, war and revolution have generally been seen in political thought as problems to be managed by stable domestic political communities. In different ways, all the paradigmatic thinkers here acknowledge them instead as inevitable dimensions of human experience, manifested through different ways of acting politically – while yet offering radically distinct answers about how they can be handled. This book dramatically broadens the canon of political thought by considering perspectives on the international system that challenge its historical inevitability and triumph. Drawing on history, theology, and law as well as philosophy, Paul Kelly introduces thinkers who challenge fundamentally the ways in which we should think about the nature and scope of political institutions and agents. He illuminates many troubling contemporary conflicts with a critical and historical perspective. This book is primarily intended for second year and upwards undergraduate students in general political theory and international theory, and advanced international relations students. Each chapter is also downloadable on its own for use in courses considering only some of the ten theorists covered. Written in an accessible way Conflict, War and Revolution will also interest advanced general readers with interests in the historical thought underpinnings of political ideas and today’s international politics.
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: Josef Weinzierl
Publisher: Bloomsbury Publishing
ISBN: 150996505X
Category : Law
Languages : en
Pages : 215
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Book Description
What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.
Author: Siddharth Peter de Souza
Publisher: Cambridge University Press
ISBN: 1009276271
Category : Law
Languages : en
Pages : 289
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Book Description
Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.
Author: Thomas Vesting
Publisher: John Wiley & Sons
ISBN: 1509553371
Category : Social Science
Languages : en
Pages : 233
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Book Description
This book provides a historically informed reconstruction of the social practices that have shaped the formation of the modern subject from the early modern period to the present. The formal legal protections accorded to subjects are, and always have been, latent in social practices, norms, and language before they are articulated in formal legal orders. Vesting argues that in Western societies legal personhood is closely tied to three ideal types of social personhood – what he calls the gentleman, the manager, and Homo digitalis. By examining these three ideal types and their emergence in society, we can see that Western formal law does not bring these ideal types into being but, on the contrary, they arise from the social and cultural conditions that they generate and reflect. Correspondingly, Western legal personhood, or “legal subjectivity,” arises from the history and culture of Western nations, not the other way around. Therefore, signature features of Western formal law, particularly its valorization of the rights of persons (whether natural or nonnatural), come from the particular sociohistorical cultural developments that had already generated the strong ideas of social personhood inherent in the ideal types of the gentleman, the manager, and Homo digitalis. Subjectivity Transformed is a major contribution to legal and social theory and, with its original analysis of the formation of modern subjectivity, it will be of interest to students and scholars throughout the social sciences and humanities.
Author: Torben Spaak
Publisher: Cambridge University Press
ISBN: 1108427677
Category : Law
Languages : en
Pages : 807
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Book Description
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
