Bøger i Applied Legal Philosophy serien

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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 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.

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.

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.

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.