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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law

Constitutional Reform and Brexit (Hardcover): Gary Wilson Constitutional Reform and Brexit (Hardcover)
Gary Wilson
R4,052 Discovery Miles 40 520 Ships in 12 - 17 working days

This book examines the extent to which Brexit has impacted upon the operation of the British constitution, prompting in turn consideration of how some of the factors which contributed towards the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates to have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which is to be found in part two. Part two centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

Democratization and the Judiciary - The Accountability Function of Courts in New Democracies (Paperback): Roberto Gargarella,... Democratization and the Judiciary - The Accountability Function of Courts in New Democracies (Paperback)
Roberto Gargarella, Siri Gloppen, Elin Skaar
R1,353 Discovery Miles 13 530 Ships in 12 - 17 working days

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.

Does the U.S. Need a Truth and Reconciliation Commission? - A Philosophical Investigation (Paperback): Olufemi Taiwo Does the U.S. Need a Truth and Reconciliation Commission? - A Philosophical Investigation (Paperback)
Olufemi Taiwo
R1,179 Discovery Miles 11 790 Ships in 12 - 17 working days

Written from the perspective of a philosopher and African immigrant, this book makes a foreceful moral argument for the need for a Truth and Reconcilation Commission (TRC) in the U.S. to address the long history of injustice to African-Americans. It shows that a TRC-similar to those established in South Africa and Chile-would rescue the ideals embodied in the U.S. Constitution while expanding their promise. Rejecting more recent views of the country's founding as an embodiment of incorrigible racial oppression, Olufemi Taiwo sees in the U.S. Constitution, and the original utopia that was at its foundation, the best available means for achieving liberty and justice. But he simultaneously shows how only a TRC can successfully open the path to moving the U.S. past its long legacy of antiblack racism in particular and racial oppression, generally, towards a more perfect union. Written with an immigrant's love of his new homeland but a clear-eyed view of its major shortcomings, the book rejects the idea of American exceptionalism in prescribing a solution that has worked elsewhere. Key Features A clear view of the wide chasm between the ideals established at the U.S.'s founding and the subsequent society that developed. Combines first-person experiences of the author with close readings of modern political philosophy, W.E.B. Du Bois, Martin Luther King, Jr., Derrick Bell, and others. Traces the link between the denial of citizenship to Blacks, both historically and today, and anti-Black violence. Shows how an obsession with the law and legal reform will never adequately address the fundamental problem of anti-Black oppression. Shows philosophically the necessity of establishing a consensual view of the truth must precede any effective reonciliation.

Does the U.S. Need a Truth and Reconciliation Commission? - A Philosophical Investigation (Hardcover): Olufemi Taiwo Does the U.S. Need a Truth and Reconciliation Commission? - A Philosophical Investigation (Hardcover)
Olufemi Taiwo
R3,613 Discovery Miles 36 130 Ships in 12 - 17 working days

Written from the perspective of a philosopher and African immigrant, this book makes a foreceful moral argument for the need for a Truth and Reconcilation Commission (TRC) in the U.S. to address the long history of injustice to African-Americans. It shows that a TRC-similar to those established in South Africa and Chile-would rescue the ideals embodied in the U.S. Constitution while expanding their promise. Rejecting more recent views of the country's founding as an embodiment of incorrigible racial oppression, Olufemi Taiwo sees in the U.S. Constitution, and the original utopia that was at its foundation, the best available means for achieving liberty and justice. But he simultaneously shows how only a TRC can successfully open the path to moving the U.S. past its long legacy of antiblack racism in particular and racial oppression, generally, towards a more perfect union. Written with an immigrant's love of his new homeland but a clear-eyed view of its major shortcomings, the book rejects the idea of American exceptionalism in prescribing a solution that has worked elsewhere. Key Features A clear view of the wide chasm between the ideals established at the U.S.'s founding and the subsequent society that developed. Combines first-person experiences of the author with close readings of modern political philosophy, W.E.B. Du Bois, Martin Luther King, Jr., Derrick Bell, and others. Traces the link between the denial of citizenship to Blacks, both historically and today, and anti-Black violence. Shows how an obsession with the law and legal reform will never adequately address the fundamental problem of anti-Black oppression. Shows philosophically the necessity of establishing a consensual view of the truth must precede any effective reonciliation.

Sport, Law and Philosophy - The Jurisprudence of Sport (Hardcover): Miroslav Imbrisevic Sport, Law and Philosophy - The Jurisprudence of Sport (Hardcover)
Miroslav Imbrisevic
R4,054 Discovery Miles 40 540 Ships in 12 - 17 working days

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Jurisprudence of National Identity - Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Paperback): Nan... Jurisprudence of National Identity - Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Paperback)
Nan Seuffert
R948 Discovery Miles 9 480 Ships in 9 - 15 working days

Presenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.

Refugees, Democracy and the Law - Political Rights at the Margins of the State (Paperback): Dana Schmalz Refugees, Democracy and the Law - Political Rights at the Margins of the State (Paperback)
Dana Schmalz
R1,208 Discovery Miles 12 080 Ships in 9 - 15 working days

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

States of Exception - Law, History, Theory (Paperback): Cosmin Cercel, Simon Lavis, Gian Giacomo Fusco States of Exception - Law, History, Theory (Paperback)
Cosmin Cercel, Simon Lavis, Gian Giacomo Fusco
R1,243 Discovery Miles 12 430 Ships in 9 - 15 working days

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

From Positivism to Idealism - A Study of the Moral Dimensions of Legality (Paperback): Sean Coyle From Positivism to Idealism - A Study of the Moral Dimensions of Legality (Paperback)
Sean Coyle
R951 Discovery Miles 9 510 Ships in 9 - 15 working days

Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.

Fundamental Principles of the Sociology of Law (Paperback): Eugene Ehrlich, Klaus A. Ziegert Fundamental Principles of the Sociology of Law (Paperback)
Eugene Ehrlich, Klaus A. Ziegert
R1,687 Discovery Miles 16 870 Ships in 12 - 17 working days

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology.

Because Ehrlich's texts in English have long been unavailable, many of his ideas, while commonplace in sociological research and theory, are not commonly attributed to his work. The new introduction by Klaus Ziegert addresses some of the reasons Ehrlich has been overlooked in the literature. In so doing, Siegert to sketches the context in which Ehrlich worked and discusses his major tenets.

Among the topics covered in Ziegert's substantial introduction to this volume is the current relevance of Ehrlich's work. He also addresses the key issues in socio-legal theory and methodology, which were touched upon by Ehrlich and are still very much at the cutting edge of socio-legal research and a sociological theory of law. This book will be of keen interest to students of sociological theory and law.

Authority in Transnational Legal Theory - Theorising Across Disciplines (Hardcover): Roger Cotterrell, Maksymilian Del Mar Authority in Transnational Legal Theory - Theorising Across Disciplines (Hardcover)
Roger Cotterrell, Maksymilian Del Mar
R4,187 Discovery Miles 41 870 Ships in 12 - 17 working days

The increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation. Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. Walker

Lloyd's Introduction to Jurisprudence (Paperback, 9th edition): Professor Michael Freeman Lloyd's Introduction to Jurisprudence (Paperback, 9th edition)
Professor Michael Freeman
R1,324 Discovery Miles 13 240 Ships in 9 - 15 working days

Lloyd's Introduction to Jurisprudence is the leading textbook on jurisprudence in the English-speaking world, covering the whole field of jurisprudence. Combines an authoritative text with extracts from a huge variety of authors, extracting the works of more than a hundred jurists Gives critical insight into the texts with detailed and well-documented introductory sections Examines the contributions made to legal theory by leading jurists from the Ancient Greeks to the postmodernists Covers Aristotle, Raz, Habermas, Unger, Coleman, Perry, Kramer, Nelken and Iris Marion Young Contains a new chapter on Ronald Dworkin, analysing his work Places emphasis on Hart, particularly the "Postscript" and the commentary this has provoked Provides more references to contemporary debates e.g. positivism v natural law Offers a fuller discussion of justice, including global justice

Criminology and Moral Philosophy - Empirical Methods and the Study of Values (Paperback): Jonathan Jacobs Criminology and Moral Philosophy - Empirical Methods and the Study of Values (Paperback)
Jonathan Jacobs
R1,128 Discovery Miles 11 280 Ships in 9 - 15 working days

This book differs from books for the US Criminal Justice market, by offering an upper level, and philosophical introduction to Criminal Justice Ethics. Its focus on Anglo-American models of justice, means this has a market across western jurisdictions. This book has a market across criminology and criminal justice, philosophy and political science.

The Philosophy of Law - An Encyclopedia (Hardcover): Mark Tebbit The Philosophy of Law - An Encyclopedia (Hardcover)
Mark Tebbit
R10,408 Discovery Miles 104 080 Ships in 12 - 17 working days


Contents:
Sampling of the Coverage: Aboriginal Legal Cultures, Abortion, Aesthetics, American Jurists 1860-1960, Authority, Capital Punishment, Citizenship, Coercion, Common Good, Conscientious Objection, Dignity, Discourse Theory, Ecclesiastical Jurisdiction, Legal Ethics, Federal Jurists 1800-1860, Founding Jurists 1760-1800, Frankfurt School, Fundamental Rights, Human Rights, Ideology, Intellectual Property, Judicial Independence, Morality, Natural Law, Order, Plea Bargains, Pornography, Professional Ethics, Property, Psychoanalysis, Punishment, Rebellion, Restitutionary Rationale, Rights and Liberties, Risk Assessment, Self-Determination, Sentencing, Testimony and Expert Evidence, Truth, Universal Rights, Utilitarianism, Values, Vengeance.

Law and Evil - The Evolutionary Perspective (Hardcover): Wojciech Zaluski Law and Evil - The Evolutionary Perspective (Hardcover)
Wojciech Zaluski
R2,375 Discovery Miles 23 750 Ships in 12 - 17 working days

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics' Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism. Engaging and thought-provoking, this insightful book will be vital reading for both legal scholars and philosophers, especially those of law and moral philosophy. Evolutionary biologists with an interest in a philosophical interpretation of the results of evolutionary biology will also find this book an important read.

Matthaeus' De Criminibus (English, Latin, Book): Margaret Hewett Matthaeus' De Criminibus (English, Latin, Book)
Margaret Hewett
R639 R563 Discovery Miles 5 630 Save R76 (12%) Ships in 4 - 8 working days

The translation and publication of Matthaeus' De Criminibus, which first appeared in 1644, was undertaken at the request of the South African Law Commission which is responsible for "making common-law authorities more readily available, or at any rate more intelligible" to those with little or no working knowledge of Latin.

H.L.A. Hart (Paperback): M. Kramer H.L.A. Hart (Paperback)
M. Kramer
R572 Discovery Miles 5 720 Ships in 12 - 17 working days

H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart's contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart's jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart's achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart's insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart's thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy.

Global Legal History - A Comparative Law Perspective (Paperback): Andres Botero Bernal, Joshua C. Tate, Jose Reinaldo de Lima... Global Legal History - A Comparative Law Perspective (Paperback)
Andres Botero Bernal, Joshua C. Tate, Jose Reinaldo de Lima Lopes
R1,214 Discovery Miles 12 140 Ships in 9 - 15 working days

This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Moral Pluralism and the Complexity of Punishment - The Penal Philosophy of H.L.A. Hart (Hardcover): Nicolas Nayfeld Moral Pluralism and the Complexity of Punishment - The Penal Philosophy of H.L.A. Hart (Hardcover)
Nicolas Nayfeld
R3,753 Discovery Miles 37 530 Ships in 12 - 17 working days

This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.

The Law Multiple - Judgment and Knowledge in Practice (Paperback): Irene van Oorschot The Law Multiple - Judgment and Knowledge in Practice (Paperback)
Irene van Oorschot
R721 Discovery Miles 7 210 Ships in 9 - 15 working days

In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

The Judicial System - The Administration and Politics of Justice (Hardcover): Carlo Guarnieri, Patrizia Pederzoli The Judicial System - The Administration and Politics of Justice (Hardcover)
Carlo Guarnieri, Patrizia Pederzoli
R2,847 Discovery Miles 28 470 Ships in 12 - 17 working days

Exploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.

Fairness and the Goals of International Criminal Trials - Finding a Balance (Hardcover): Caleb H. Wheeler Fairness and the Goals of International Criminal Trials - Finding a Balance (Hardcover)
Caleb H. Wheeler
R3,750 Discovery Miles 37 500 Ships in 12 - 17 working days

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internationalised criminal courts and tribunals lack legitimacy and without legitimacy they lack effectiveness. The book concludes that international criminal trials must adopt procedures that emphasise fairness to all of the parties and trial participants if they wish to accomplish any of the goals set for them. Each chapter is devoted to identifying and explaining a different trial goal, providing analysis of how that particular goal functions in conjunction with the other goals, and discussing the ways in which a fairness-oriented trial model will help achieve those goals. The book provides a dynamic understanding of the different trial goals and the importance of fairness in the trial process by drawing on research from a variety of different legal disciplines while also incorporating scholarship rooted in criminology, political theory, international relations, and psychology. The book will be essential reading for researchers, academics and professionals working in the areas of International Criminal Law, Public International Law and Transitional Justice.

Participation and Democratic Innovation under International Human Rights Law (Hardcover): Nicholas McMurry Participation and Democratic Innovation under International Human Rights Law (Hardcover)
Nicholas McMurry
R3,761 Discovery Miles 37 610 Ships in 12 - 17 working days

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Emotions in the Law School - Transforming Legal Education Through the Passions (Paperback): Emma Jones Emotions in the Law School - Transforming Legal Education Through the Passions (Paperback)
Emma Jones
R1,210 Discovery Miles 12 100 Ships in 9 - 15 working days

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.

The Call for Recognition - Naturalising Political Norms (Hardcover): R. Krishnaswamy The Call for Recognition - Naturalising Political Norms (Hardcover)
R. Krishnaswamy
R3,755 Discovery Miles 37 550 Ships in 12 - 17 working days

This book builds a case for how social norms are neither mere conventions nor are they merely anthropological phenomena, which are relativistic. In other words, it talks about how socio-political norms are built out of our natural social behaviour but at the same time also have objective normative validity. The volume puts forth an alternative model called the recognitional model which can help us address some of the socio-political concerns we face in today's world. It addresses the problem with a purely legalistic framework of addressing social injustice is that law, due its universalistic assumptions, regarding human nature, tends to glide over the particular differences that might exist between people. This book discusses how we know that in our daily lives, we value people not only because that person is a legal human being but because that person is our father, mother, our teacher etc. There is a whole network of acts of social respect that we engage in with the other in our social sphere which the legal framework can't quite capture. This volume sheds light on the political consequence of legal reasoning is that it is formalistic in the sense that legal relations can't successfully codify the immediate epistemic context from which social identities emerge. An introspective work, this book will be of great interest to scholars and researchers of linguistics, political philosophy, law and human rights, and social theory.

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