0
Your cart

Your cart is empty

Browse All Departments
Price
  • R100 - R250 (36)
  • R250 - R500 (166)
  • R500+ (4,530)
  • -
Status
Format
Author / Contributor
Publisher

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

Religion, Medicine and the Law (Hardcover): Clayton O Neill Religion, Medicine and the Law (Hardcover)
Clayton O Neill
R3,908 Discovery Miles 39 080 Ships in 12 - 17 working days

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth's Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah's Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

The Pillars of Global Law (Paperback): Giuliana Ziccardi Capaldo The Pillars of Global Law (Paperback)
Giuliana Ziccardi Capaldo
R1,504 Discovery Miles 15 040 Ships in 12 - 17 working days

This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Law's Political Foundations - Rivers, Rifles, Rice, and Religion (Hardcover): John O. Haley Law's Political Foundations - Rivers, Rifles, Rice, and Religion (Hardcover)
John O. Haley
R2,967 Discovery Miles 29 670 Ships in 12 - 17 working days

Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law. These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.

The Future of Testimony - Interdisciplinary Perspectives on Witnessing (Paperback): Antony Rowland, Jane Kilby The Future of Testimony - Interdisciplinary Perspectives on Witnessing (Paperback)
Antony Rowland, Jane Kilby
R1,532 Discovery Miles 15 320 Ships in 12 - 17 working days

Celebrating the twentieth anniversary of the groundbreaking Testimony, this collection brings together the leading academics from a range of scholarly fields to explore the meaning, use, and value of testimony in law and politics, its relationship to other forms of writing like literature and poetry, and its place in society. It visits testimony in relation to a range of critical developments, including the rise of Truth Commissions and the explosion and radical extension of human rights discourse; renewed cultural interest in perpetrators of violence alongside the phenomenal commercial success of victim testimony (in the form of misery memoirs); and the emergence of disciplinary interest in genocide, terror, and other violent atrocities. These issues are necessarily inflected by the question of witnessing violence, pain, and suffering at both the local and global level, across cultures, and in postcolonial contexts. At the volume's core is an interdisciplinary concern over the current and future nature of witnessing as it plays out through a 'new' Europe, post-9/11 US, war-torn Africa, and in countless refugee and detention centers, and as it is worked out by lawyers, journalists, medics, and novelists. The collection draws together an international range of case-studies, including discussion of the former Yugoslavia, Gaza, and Rwanda, and encompasses a cross-disciplinary set of texts, novels, plays, testimonial writing, and hybrid testimonies. The volume situates itself at the cutting-edge of debate and as such brings together the leading thinkers in the field, requiring that each address the future, anticipating and setting the future terms of debate on the importance of testimony.

Controlling EU Agencies - The Rule of Law in a Multi-jurisdictional Legal Order (Hardcover): Miroslava Scholten, Alex... Controlling EU Agencies - The Rule of Law in a Multi-jurisdictional Legal Order (Hardcover)
Miroslava Scholten, Alex Brenninkmeijer
R3,798 Discovery Miles 37 980 Ships in 12 - 17 working days

Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Turk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. Wood

Critique of the Legal Order - Crime Control in Capitalist Society (Hardcover): Richard Quinney, Randall G Shelden Critique of the Legal Order - Crime Control in Capitalist Society (Hardcover)
Richard Quinney, Randall G Shelden
R3,918 Discovery Miles 39 180 Ships in 12 - 17 working days

Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

Torture and Truth (Routledge Revivals) (Paperback): Page DuBois Torture and Truth (Routledge Revivals) (Paperback)
Page DuBois
R1,042 Discovery Miles 10 420 Ships in 12 - 17 working days

First published in 1991, this book - through the examination of ancient Greek literary, philosophical and legal texts - analyses how the Athenian torture of slaves emerged from and reinforced the concept of truth as something hidden in the human body. It discusses the tradition of understanding truth as something that is generally concealed and the ideas of 'secret space' in both the female body and the Greek temple. This philosophy and practice is related to Greek views of the 'Other' (women and outsiders) and considers the role of torture in distinguishing slave and free in ancient Athens. A wide range of perspectives - from Plato to Sartre - are employed to examine the subject.

Law in the Time of Oxymora - A Synaesthesia of Language, Logic and Law (Hardcover): Rostam J. Neuwirth Law in the Time of Oxymora - A Synaesthesia of Language, Logic and Law (Hardcover)
Rostam J. Neuwirth
R3,916 Discovery Miles 39 160 Ships in 12 - 17 working days

What do different concepts like true lie, bad luck, honest thief, old news, spacetime, glocalization, symplexity, sustainable development, constant change, soft law, substantive due process, pure law, bureaucratic efficiency and global justice have in common? What connections do they share with innumerable paradoxes, like the ones of happiness, time, globalization, sex, and of free will and fate? Law in the Time of Oxymora provides answers to these conundrums by critically comparing the apparent rise in recent years of the use of rhetorical figures called "essentially oxymoronic concepts" (i.e. oxymoron, enantiosis and paradoxes) in the areas of art, science and law. Albeit to varying degrees, these concepts share the quality of giving expression to apparent contradictions. Through this quality, they also challenge the scientific paradigm rooted in the dualistic thinking and binary logic that is traditionally used in the West, as opposed to the East, where a paradoxical mode of thinking and fuzzy logic is said to have been cultivated. Following a review of oxymora and paradoxes in art and various scientific writings, hundreds of "hard cases" featuring oxymora and a comprehensive review of the legal literature are discussed, revealing evidence suggesting that the present scientific paradigm of dualism alone will no longer be able to tackle the challenges arising from increasing diversity and complexity coupled with an apparent acceleration of change. Law in the Time of Oxymora reaches the surprising conclusion that essentially oxymoronic concepts may inaugurate a new era of cognition, involving the ways the senses interact and how we reason, think and make decisions in law and in life.

Global Constitutionalism - A Socio-legal Perspective (Paperback, Softcover reprint of the original 1st ed. 2018): Aydin Atilgan Global Constitutionalism - A Socio-legal Perspective (Paperback, Softcover reprint of the original 1st ed. 2018)
Aydin Atilgan
R3,392 Discovery Miles 33 920 Ships in 10 - 15 working days

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

Intellectual Property in Common Law and Civil Law (Hardcover): Toshiko Takenaka Intellectual Property in Common Law and Civil Law (Hardcover)
Toshiko Takenaka
R4,364 Discovery Miles 43 640 Ships in 12 - 17 working days

Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels. Contributors include: M. Adelman, T. Bodewig, G.E. Evans, M. Franzosi, S. Ghosh, S.J Jong, J. Krauss, M. LaFrance, A.L. Landers, S. Mehra, S.H. Naeve, F. Pollaud-Dulian, C. Rademacher, Y. Reboul, B. Sherman, J. Straus, M.T. Sundara Rajan, T. Takenaka, M. Trimble

The Rule of Unwritten International Law - Customary Law, General Principles, and World Order (Hardcover): Peter G. Staubach The Rule of Unwritten International Law - Customary Law, General Principles, and World Order (Hardcover)
Peter G. Staubach
R3,920 Discovery Miles 39 200 Ships in 12 - 17 working days

This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek's theory of law as a 'spontaneous order', an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

Legal Theory and the Media of Law (Hardcover): Thomas Vesting Legal Theory and the Media of Law (Hardcover)
Thomas Vesting
R5,207 Discovery Miles 52 070 Ships in 12 - 17 working days

As many disciplines in the humanities have experienced a focus on culture?s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory. Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education. Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.

Sociology of Constitutions - A Paradoxical Perspective (Paperback): Alberto Febbrajo, Giancarlo Corsi Sociology of Constitutions - A Paradoxical Perspective (Paperback)
Alberto Febbrajo, Giancarlo Corsi
R1,480 Discovery Miles 14 800 Ships in 12 - 17 working days

This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann's General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution's contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Violence, Law and the Impossibility of Transitional Justice (Paperback): Catherine Turner Violence, Law and the Impossibility of Transitional Justice (Paperback)
Catherine Turner
R1,474 Discovery Miles 14 740 Ships in 12 - 17 working days

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice - underpinned by a strictly normative or doctrinal concept of law - can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

The Challenge of Inter-Legality (Paperback): Jan Klabbers, Gianluigi Palombella The Challenge of Inter-Legality (Paperback)
Jan Klabbers, Gianluigi Palombella
R911 Discovery Miles 9 110 Ships in 9 - 15 working days

The sovereignty of states to enact and enforce laws within their jurisdictions has been recognized since the Treaty of Westphalia in 1648. There are now, however, accepted global legal norms that transcend national sovereignty and hold states accountable for not including their domestic legal regimes. This volume is the first book-length treatment to describe and explain how legal orders can be interwoven, and what to do about it. Coining the term 'inter-legality', this volume provides essays on the history, primary areas of inter-legality, the concept of jurisdiction, and normative developments prompted by inter-legality. Bringing together a wide range of contributors who stem from a variety of different academic backgrounds, this book aims to answer three questions: does inter-legality occur with some regularity? How does it affect traditional legal concepts such as 'jurisdiction' or 'legal order' or 'responsibility'? And what are the normative implications?

The Origin of Copyright - Expression as Knowing in Being and Copyright Onto-Epistemology (Hardcover): Wenwei Guan The Origin of Copyright - Expression as Knowing in Being and Copyright Onto-Epistemology (Hardcover)
Wenwei Guan
R3,914 Discovery Miles 39 140 Ships in 12 - 17 working days

Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression's copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright's protection of knowing in originality's delineation of expression and fair use/dealing's legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.

Adriana Cavarero - Resistance and the Voice of Law (Hardcover): Elisabetta R. Bertolino Adriana Cavarero - Resistance and the Voice of Law (Hardcover)
Elisabetta R. Bertolino
R4,201 Discovery Miles 42 010 Ships in 12 - 17 working days

Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one's voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero's work, this book focuses on the potentiality of the voice for resisting law's sovereign structures. For Cavarero, it is the voice that expresses one's living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one's uniqueness in relationality. Speaking discloses this uniqueness, and so one's vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice.

The Politics of Juridification (Hardcover): Mariano Croce The Politics of Juridification (Hardcover)
Mariano Croce
R1,650 Discovery Miles 16 500 Ships in 12 - 17 working days

The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this book centres on the workable ambivalence of such a far-reaching phenomenon. While juridification certainly intensifies the power and competences of judicial bodies to the disadvantage of representative political institutions, it cannot be easily reduced to the demise of democratic politics. By focusing on the multiple ways in which social agents make use of the law, The Politics of Juridification teases out the agential and transformative aspects of the various negotiations social agents engage with legal institutions with a view to obtaining political visibility. In particular, the book homes in on two seemingly distinct phenomena: on one hand, the regulation of sexuality and emerging kinship formations; on the other, the fragmentation of legal settings due to the claims to legal autonomy advanced by sub-state cultural and religious groups. By doing so, the book makes the case for an unexpected convergence between the struggles for legal recognition of sexual minorities and religious and cultural minorities. The conclusion is that juridification does entail normalization and favour the infiltration of law into the social realm. But because of its ambivalent nature, it can and does serve as an alternative vehicle for social change - one that attaches more importance to how social agents produce law on a daily basis and how this law permeates official legal orders.

The Psychology of Restorative Justice - Managing the Power Within (Paperback): Theo Gavrielides The Psychology of Restorative Justice - Managing the Power Within (Paperback)
Theo Gavrielides
R1,481 Discovery Miles 14 810 Ships in 12 - 17 working days

This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.

Game Theory and the Law (Hardcover): Eric B. Rasmusen Game Theory and the Law (Hardcover)
Eric B. Rasmusen
R8,284 Discovery Miles 82 840 Ships in 12 - 17 working days

Game Theory and the Law is a collection of previously published articles in which ideas from game theory and the economics of asymmetric information are applied to legal issues. Game theory's method is to simplify a situation by describing it in terms of players, actions, payoffs, after which the players' strategic interactions can be described. Whether used explicitly or implicitly, this is a highly useful approach to law. This important volume collects together the classic articles on the subject together with surveys of the approach and illustrative examples of the use of game theory in law.

How Judges Think (Paperback): Richard A. Posner How Judges Think (Paperback)
Richard A. Posner
R621 Discovery Miles 6 210 Ships in 12 - 17 working days

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.

Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Ranciere and Law (Hardcover): Julen Etxabe, Monica Lopez Lerma Ranciere and Law (Hardcover)
Julen Etxabe, Monica Lopez Lerma
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This book is the first to approach Jacques Ranciere's work from a legal perspective. A former student of Louis Althusser, Ranciere is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Ranciere's work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Ranciere for law and for socio-legal studies. Although Ranciere does not pay much specific attention to law-and there is a strong temptation to identify law with what he terms the "police order"-much of Ranciere's historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancierean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Ranciere-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Ranciere provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.

The Injustice of Punishment (Hardcover): Bruce N. Waller The Injustice of Punishment (Hardcover)
Bruce N. Waller
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

Legal Symbolism - On Law, Time and European Identity (Paperback): Jiri Priban Legal Symbolism - On Law, Time and European Identity (Paperback)
Jiri Priban
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

JirA PribA!n's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.

Climate Change and Indigenous Peoples - The Search for Legal Remedies (Paperback): Randall S Abate, Elizabeth Ann Kronk Warner Climate Change and Indigenous Peoples - The Search for Legal Remedies (Paperback)
Randall S Abate, Elizabeth Ann Kronk Warner
R1,392 Discovery Miles 13 920 Ships in 12 - 17 working days

Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms - legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice s starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' - J.B. Ruhl, Vanderbilt University Law School, USThis timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice. Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Theriault, R. Tsosie, P. Van Tuyn, W. Yu

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
The Artifactual Nature of Law
Luka Burazin, Kenneth E. Himma, … Hardcover R2,996 Discovery Miles 29 960
The Revolution Will Not Be Litigated…
Mark Gevisser, Katie Redford Paperback R405 R324 Discovery Miles 3 240
Hired Guns and Human Rights - Global…
Kuzi Charamba Hardcover R2,967 Discovery Miles 29 670
Jurisprudence - A South African…
Paperback R882 R802 Discovery Miles 8 020
Allegiance, Citizenship and the Law…
Helen Irving Hardcover R2,522 Discovery Miles 25 220
Hashtag Jurisprudence - Terror and…
Cassandra Sharp Hardcover R2,515 Discovery Miles 25 150
An Introduction to Fundamental Rights in…
Alessandra Facchi, Silvia Falcetta, … Paperback R844 Discovery Miles 8 440
In the shade of an African Baobab - Tom…
Christa Rautenbach Paperback R720 R634 Discovery Miles 6 340
The EU and Constitutional Time - The…
Massimo Fichera Hardcover R2,430 Discovery Miles 24 300
Interpretivism and the Limits of Law
Tomasz Gizbert-Studnicki, Francesca Poggi, … Hardcover R3,297 Discovery Miles 32 970

 

Partners