Bøger i Applied Legal Philosophy serien

Reviews, compares and analyzes the practice of interpretation in nine countries representing Europe (North, South, East and West) and America (USA and Argentina). It examines common law and civil law; and explores the implications for general theories of interpretation and of justification.

Liberal democracies are predicated on popular sovereignty - the ideal of government for and by the People. Throughout the developed world indigenous peoples continue to deny legitimacy to otherwise popular governments because their consent has never been sought. Curry from Charles Sturt University, NSW.

What is a 'rational framework' for legislation? Although legislation and regulation is the result of a political process, can they also be the object of theoretical study? This book tackles this question by examining the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems.

Argues that, rather than thinking of shareholders as passive investors, they should be given opportunities to be active members of corporations and that these corporations are, in fact, constitutional arrangements. This means that companies are decision-making organisations in which questions of process and structure are important.

Systematically examines the connections between classic rhetoric and modern legal discourse. Traces the history of legal rhetoric from the classical period to the present day.

Presents a collectivist model of intellectual property rights. This work argues that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as private property.

This text identifies and analyses legal duties arising for individuals under international and national (constitutional) law, while references are made from time to time to moral duties.

From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This title examines the tension between these two poles, 'ratio and voluntas' in modern law.

Provides an overview of topics in law and ethics in relation to intellectual property. This book addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. It also provides an insight into the process of international policy-making.

Provides a framework for legislation. This volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory. The essays published in this collection develop a range of insights into the relationship between legislative problems and legal theory.

This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions.

Brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. This work explores the underlying question of how phenomena of transnational law are best understood by legal theory.

This work attempts to address the question, "Can we accommodate intellectual property within one or more of the existing general accounts of property, or should we develop a distinctive theory of intellectual property?" Locke, Hegel and Marx are drawn upon in the discussion.

Comprises of a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. This title is suitable for those interested in the workings of the modern legal system.

This treatise develops a critical version of legal positivism as the basis for modern legal scholarship. The author develops an alternative to traditional legal positivism, giving an account of how modern positive law can solve the problem of its limits and criteria of legitimacy.

This work seeks to answer the question: "What does thinking like a lawyer actually involve"? The focus is mainly on English common law, but the text aims to contribute to comparative law, in as much as it is concerned with the "law" question.

Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties, the case law of the U.S. supreme court. Yet the model is designed to account for any legal system that recognises civil rights and liberties. The author applies techniques of logical analysis to identify a discursive structure.

This book challenges the neo-liberal view of private property as a liberal choice in respect of the use of goods and resources, which can be controlled. It argues that ultimately private property is not choice, it is ego. The book develops a theory to reject the neo-liberal concept of private property as the means of apportioning the world. It offers reflections on alternatives as to how the earth's things might be allocated, forcing us to reflect upon how a world without private property might look.

When does the exercise of an interest constitute a human right? The contributors to Menuge's edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. This topical book should be of interest to a range of academics from disciplines spanning law, philosophy.

This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the framework of human rights protection. Written by leading academics and practitioners, the book takes a general.

Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. This book provides an evaluation of debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society.

Connects the Methodology Debate within Legal Philosophy to constitutional adjudication in charter systems. This study shows how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty in a thoroughgoing manner.

What is international law?, and the reality of international law, and, 'Is international law really law?'. This volume examines these questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought.

Law can be seen to consist of rules, decisions, and a framework of institutions providing a structure that forms the conditions of its existence. This book conducts a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.

This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. It provides a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical.

Begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis.

Establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. This title suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined.

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the national state has become a principal concern for legal and political scholars. This book explores the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'.