Vienna Lectures on Legal Philosophy, Volume 3 PDF Download
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Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509969845
Category : Philosophy
Languages : en
Pages : 185
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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: 1509969845
Category : Philosophy
Languages : en
Pages : 185
Get Book Here
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.
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Languages : en
Pages : 0
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Book Description
Author: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509935924
Category : Law
Languages : en
Pages : 277
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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: Christoph Bezemek
Publisher: Bloomsbury Publishing
ISBN: 1509921729
Category : Law
Languages : en
Pages : 240
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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: Matthias Klatt
Publisher: Bloomsbury Publishing
ISBN: 150995385X
Category : Law
Languages : en
Pages : 463
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Book Description
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
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: 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: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176
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Book Description
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
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: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 9400714793
Category : Philosophy
Languages : en
Pages : 1952
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Book Description
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
